Model Collective Bargaining Language on AI in Healthcare Contracts

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Model Collective Bargaining Language on AI in Healthcare Contracts

Table of Contents

This webpage brings together contract language on numerous aspects of technology and AI in the healthcare industry.  The information is from the University of California, Berkeley’s Labor Center webpage

Negotiating Tech: An Inventory of U.S. Union Contract Provisions for the Digital Age

If you are unable to find language on a particular issue used by a healthcare union, we recommend searching the UC-Berkeley webpage (https://laborcenter. berkeley.edu/negotiating-tech/).  The website may include language written for a non-healthcare sitting that can be adapted to a healthcare setting.

The UC-Berkeley webpage includes contract language addressing workplace technologies from more than 175 agreements from a range of industries and highlights a range of strategies.

The inventory was researched and developed by Lisa Kresge as a project of the UC Berkeley Labor Center’s Technology and Work Program, and was last updated on July 2, 2025.

1) Technology definitions

1.5) Other workplace technology definitions

In addition to core technology categories, contracts often define emerging or specialized terms that have unique implications for workers. These include technologies like digital voice or image replicas, AI-generated models, self-service kiosks, and distance learning systems. By clarifying these terms, agreements can set appropriate boundaries for their use and establish safeguards around consent, likeness, and job function.

Healthcare Example:

  • “This [surveillance and monitoring] Article applies to computer monitoring (including but not limited to keystroke monitoring, email access monitoring, and browser history retrieval), and individual or workplace monitoring (including but not limited to video or audio monitoring, covert surveillance, proximity cards, or other devices or technology attached to or directed at the person, including the ID badge, clothing, or uniform of a RN, or at particular areas where RNs work).” (NNU-OPM37)

2) Foundational technology rights

2.3.a) Participation in technology design, development, and acquisition

Participation in technology research and development

These provisions bring unions into the earliest stages of innovation, enabling collaboration on the design, testing, and safety of emerging technologies.

Healthcare Example:

  • “Representatives of the [Professional Practice Committee] PPC shall be entitled to participate in the selection, design, building and validation processes whenever new technology affecting the delivery of nursing care is being considered. The committee shall recommend measures objectively to improve the delivery of safe, therapeutic, effective care in conjunction with the use of new technology.” (CNA-PCBA51)
Participation in technology adoption and acquisition

Agreements in this category give unions a role in evaluating proposed technologies, vendor options, and acquisition strategies before final decisions are made.

Healthcare Example:

  • “The [Employer] and [the Union] mutually agree that research is for the advancement of patient care and/or nursing science. It is recognized that participation in research development, gathering data, data analysis/recommendations, or research utilization can enhance the RN’s role/career development.… When the [Employer] enters into any research project that affects RNs working conditions, it will engage in pre-decisional involvement, as practicable.… When a research project results in an innovation, changes in documentation, or in technology that impacts RNs throughout the system, the Department will engage in predecisional involvement, as practicable, at the appropriate level.” (NNU-OPM37)

Participation in technology implementation

These clauses involve unions in rollout planning, workforce training, and procedural adjustments during the introduction of new technologies.

Healthcare Example:

  • “The following work and the work of the Agreement demonstrates our joint commitment to the successful implementation of [the technology system].… In accomplishing this goal we will continue to make the company the model for the industry. It is also the intent of the parties that the implementation of [the technology system] will include the involvement of its Employees in a true [Labor Management Partnership] LMP setting.” (SEIU-UHW-PCBA29)

3) Employer commitments in technology implementation

3.1) Employment and economic security protections

3.1.a) Job security protections

As employers adopt new technologies that reshape tasks, workflows, or job classifications, unions have negotiated provisions to protect workers from involuntary job loss. These clauses aim to preserve employment relationships and ensure that existing workers remain part of the evolving organization, whether through reassignment, retraining, or role redesign.

These examples are grouped by the types of contractual protections used to preserve job security during technological change:

No termination or layoffs due to technology

Many agreements explicitly protect workers from being laid off or downgraded due to automation, AI, or other technological changes. These provisions affirm that technology should enhance—not replace—human labor, and often include measures like attrition or retraining to prevent displacement.

Healthcare Example:

  • “The parties acknowledge a mutual obligation and intention to maximize employment security for [Company’s] employees. As such, it is the intent of the parties of the Partnership to avoid the displacement of any [Company] employee. We recognize that there could be circumstances when such a commitment cannot be achieved. In such cases, the Partnership will make use of attrition, growth of the business, aggressive job matching, short-term training efforts and other mechanisms agreed upon by the Partnership participants. There will be no loss of employment to any employee because of participation in a Partnership program at the worksite.” (KLMP-PCBA55)
Comparable job reclassification and redeployment standards

Some agreements set clear standards to ensure redeployed workers maintain comparable job conditions—such as pay, hours, classification, shift, and location—when reassigned due to technological change. These provisions help preserve employment quality alongside job continuity.

Healthcare Example:

  • Employment security for redeployment purposes is defined as maintaining a comparable number of previously scheduled weekly hours, ensuring a similar job classification whenever possible, and placing the employee at a facility within a reasonable geographic distance from their previous location or residence. It also includes guaranteeing a comparable rate of pay and assigning a similar shift—whether day, evening, or night—although specific shift hours may vary. (KLMP-PCBA55)
3.1.b) Pay protection and severance programs

When technological changes alter or eliminate job roles, unions have secured provisions to protect workers’ earnings and provide structured support for those who must transition out of their positions. These agreements help mitigate economic disruption by ensuring continued income, offering paid training opportunities, and establishing fair severance benefits.

Examples reflect wage safeguards and separation benefits:

Retained pay rates in new roles

To protect workers from wage loss due to technological change, some agreements guarantee retained pay rates when employees are reassigned or displaced. These provisions ensure that affected workers maintain their previous earnings, either fully or partially, for a set period or until they move into a higher-paid role.

Healthcare Example:

  • “For purposes of this Agreement, it is intended that the Employer, in conformance with the wishes of the Employee who faces displacement or potential displacement, will assist such Employee in obtaining a position that offers the same or higher wage rate as she previously enjoyed in her/his former classification and at a minimum will guarantee that s/he will not suffer a reduction in pay or Employee status.” (SEIU-UHW-PCBA29)
  • “The Employer and the Union will agree to assess whether jobs have changed enough to warrant an increase in pay. Such assessments will occur during contract bargaining in 2005. Disputes will be ultimately resolved by the grievance procedure.” (SEIU-UHW-PCBA29)
Early retirement and severance programs

When technological change leads to job displacement, some agreements provide structured early retirement and severance options to support affected workers. These provisions offer financial stability through lump-sum payments, continued health coverage, and retirement benefits, often scaled by years of service. They serve as a last-resort safety net when redeployment or retraining is not feasible.

  • Employees eligible for early retirement will receive one week’s pay per year of service, based on regular hours (excluding overtime), paid biweekly. Severance ranges from a minimum of one month to a maximum of six months. Health and dental coverage continues for employees and their dependents until the employee qualifies for Medicare, at which point Medicare coverage applies as per the collective bargaining agreement. (SEIU-UHW-PCBA29)
3.1.c) Comprehensive technology transition agreements

Healthcare Example:

  • Mechanization agreement; Job Security, Education and Training; Health Connect Effects Bargaining (SEIU-UHW-PCBA29)
  • Employment and Income Security Agreement (KLMP-PCBA55)

3.2) Training and workforce development for technological change

3.2.a) Training and retraining guarantees in technology transitions
Retraining for displaced and redeployed workers

Provisions here focus on preparing employees for redeployment or transition to other roles following displacement due to automation or restructuring.

Healthcare Example:

  • “Displaced Employees will receive up to one hundred sixty 160 hours paid training time for vacant positions for which an Employee can qualify with such training.” (SEIU-UHW-PCBA29)
3.2.b) Access, equity, and selection criteria for training
Equity and accommodation in training access

These provisions emphasize inclusive training practices, with a focus on eliminating barriers and ensuring that all employees—particularly those with specific needs or from underrepresented groups—can participate fully in training opportunities.

Healthcare Example:

  • “Should the Department offer Educational Programs for RNs via computer or other technology for which an RN requires assistance, the Department shall provide such assistance.” (NNU-OPM37)
3.2.c) Training delivery and program infrastructure
Training funds and resources

These agreements require employers to provide dedicated financial and institutional support for training, including joint funds, infrastructure investment, and resource procurement.

Healthcare Example:

  • “The Employer will continue the [Joint Education/Training Fund].… The purpose of the fund is to maximize training, retraining, education, skill enhancement and career advancement opportunities with the Employer for Employees represented by the Union, and to meet identified human resource needs as joint labor management initiatives. Additional funding will be solicited from State, Federal, and other sources in collaboration with the Union. Fund expenditures will be jointly made. Employees in fund Programs are qualified to receive severance benefits which are in place at the time of lay off.” (SEIU-UHW-PCBA29)
Skills assessment and competency development

These clauses are designed to help identify worker skills and training needs, both at the outset and throughout the training process. They often connect training to broader job transition or upskilling goals and aim to equip workers with foundational competencies needed for success in evolving roles.

Healthcare Example:

  • “At least three (3) months prior to the deployment of personal computers (PCs) or three (3) months prior to the applications training for the [new technology] suites, the [Education Center], in conjunction with the Employer, will conduct PC skills’ assessments for Employees who will be using the new applications.… To guarantee Employees’ confidentiality in determining PC skills and to assist them in exploring and realizing job placement opportunities, the Employer will continue to contract with [Education Center] to provide both PC assessments and career counseling, as applicable.” (SEIU-UHW-PCBA29)
Paid training time, scheduling accommodation, and leave for training

These provisions ensure workers have adequate time and flexibility to participate in training, through paid leave, education scheduling accommodations, and support for extended training periods when needed.

Healthcare Example:

  • “The parties agree that, depending on the position, up to five hundred (500) hours of training shall be provided to Employees displaced by the implementation of [the new technology].” (SEIU-UHW-PCBA29)
  • “Workforce Planning Teams will be empowered to utilize and be creative in utilizing all Education Leave policies and resources, in order to address the training needs of displaced Employees and those in positions most likely to provide opportunities for placement of displaced Employees.… An Employee who wishes to temporarily reduce (i.e. for a period of six (6) months or less) her/his schedule to attend classes for any position may do so if such reduction is approved by her/his manager and the reduction does not unduly interfere with the operations of the department.” (SEIU-UHW-PCBA29)

3.3) Technology-related safety, health, and accommodation

3.3.a.) Ergonomic and physical safety protections
Procurement of safety tech and reimbursement

Some agreements require employers to supply or cover the cost of safety-related tools and health-supporting equipment used in conjunction with workplace technologies. These provisions may include personal safety devices, vision-related reimbursements, or compliance with occupational safety guidelines for technology procurement and setup.

Healthcare Example:

  • “The Employer shall give consideration to appropriate NIOSH recommendations specific to the purchase, installation and operation of computer workstations. The Employer agrees to comply with all state and federal regulations related to the installation and utilization of computer workstations.” (OFNHP-AFT-PCBA75)
Workstation ergonomics and human-centered design

These provisions focus on ensuring that workstations and technology systems are designed with worker health, comfort, and usability in mind. Agreements emphasize ergonomic standards, scheduled breaks, adjustable equipment, and attention to human factors in the design and implementation of digital tools and automated systems.

Healthcare Example:

  • “The Department agrees to provide, to the maximum extent possible, workstations and equipment (including but not limited to chairs, tables, workstations, portable workstations, Bar Code Medication Administration carts, lighting, keyboards, screens, scanners, accessory equipment, and printers) that meet ergonomic design criteria.… The Department will endeavor to place computer monitors in work locations to avoid unnecessary glare and allow the use of anti-glare screens, as needed. The Department will provide lighting that is adequate/appropriate for the work setting. Keyboards should be placed on a level and stable surface for normal keying function and be adjustable vertically and horizontally to fit the RN’s height. The keyboard and screens will be able to move out of the way for patient care duties and allow line of sight to the patient while charting. Keyboards, in combination with their supporting surface, chairs, carts and other furniture shall permit RNs to adopt and maintain neutral wrist positions. Screens should be easily adjustable for brightness and field of vision of the RN. RNs engaged in continuous computer and/or keyboard use are encouraged to engage in other work duties on a periodic basis (e.g. hourly) to avoid unnecessary eye or wrist strain. The Department will endeavor to place printers in a manner so that RNs do not have to excessively bend, stoop, or reach to remove printed materials.” (NNU-OPM37)
3.3.b) Technology risk management, maintenance, and safety training
Safety and health information and training

To support safe technology use, many contracts require that employers provide workers with access to ergonomic information, health and safety materials, and training on equipment operation and injury prevention.

Healthcare Example:

  • “The Department acknowledges that there are certain ergonomic and environmental factors that can contribute to the health and comfort of RNs. These factors involve the proper design of work stations and the education of managers, supervisors, and RNs about the ergonomic job design and organizational solutions to design. The Department agrees that RNs should be provided information about ergonomic hazards and how to prevent ergonomically-related injuries. This information could be provided by OSHA Safety and Health Guidelines and other available literature.… RNs will be given training on the use of equipment provided, as appropriate.” (NNU-OPM37)
3.3.d) Reasonable accommodation and accessibility
Disability and pregnancy-related accommodation

This section includes provisions that require employers to provide individualized accommodations—such as adaptive equipment, reassignment, or alternative duties—to support employees with disabilities or pregnancy-related needs in technology-integrated work environments.

Healthcare Example:

  • “The parties agree that in many cases, changes in the work environment and other accommodations enable RNs with disabilities to more effectively perform their job duties. An active interaction and discussion between the RN, [the Union] (if requested by the RN) and the Department offers the best opportunity to reach agreement on a reasonable accommodation to meet the RN’s needs, even if the accommodation is not the specific request.… With respect to the modernized systems environment, examples of accommodations may include: The surface that holds the terminal will be adjusted to a level suitable to the RN’s needs; The keyboard will have “light touch,” guards, and other adaptive devices that will be considered; Visually impaired RNs will be permitted to label “home” keys; Operational and training materials will be available in Braille; Lap trays will be considered; Computer based voice-output systems or computer screen enlargers or other appropriate devices will be provided for visually impaired RNs; Hardware and software will be configured to accommodate color blindness (blinking cursor, highlighting); Printer switches will be available in “light touch” and located in an easily accessible location; Sight adaptive devices for medication administration; and, Adaptive devices for medication carts.” (NNU-OPM37)

4) Governance of workplace technology applications

4.1) Electronic monitoring and surveillance technologies

4.1.a) Union rights and employer obligations for monitoring and surveillance
Advance notice and bargaining requirements
  • “Where a duty to bargain is triggered under the Statute, [the Union] will be notified in advance of any new or changed monitoring or surveillance programs and be given the opportunity to bargain as appropriate.” (NNU-OPM37)
–Requirements for covert or investigatory surveillance
–Union right to inspect surveillance systems
–Preservation of bargaining rights over surveillance
4.1.b) Employee notification, disclosure, and training on monitoring technologies

5) Participation in technology governance

6) Other workplace technology provisions