New companion bills could significantly impact city operations and upset the balance of public sector collective bargaining.

Companion bills HB 1622 and SB 5422 modify the Public Employees’ Collective Bargaining Act (PECBA) to require public employers to bargain over the decision to adopt, or modify its current use of, artificial intelligence (AI) technology if the adoption or modification affects employee wages, hours, or other terms and conditions of employment. The bills apply to new contracts and do not require the reopening of existing contracts.

Public employers are already required to bargain over the impacts of business decisions that impact wages, hours, or conditions of employment. However, the decision to use a new technology has traditionally been considered a management right that is not subject to bargaining. Employers get to decide how they want their operations to run and what tools they want to use. Employees get to bargain over the impact those decisions have on them through their wages, hours, and working conditions. These bills would likely be the first time under the PECBA that a management decision was made subject to bargaining.

The bill’s proponents argue that AI technology is unlike any other technology before, with the potential for significant impacts to employees. Because of that, unions argued they should be part of the “conversation” to adopt the new technology up front, not only the impacts of the adoption later. They also argued that despite the increased process and the possible veto employees would have over a management decision on adopting AI tools, the proposal would save governments money by slowing or preventing expensive AI technology upgrades.

AWC opposed HB 1622 when it came up for a hearing on February 5 and plans to oppose SB 5422 if it comes up for hearing. The concern is this legislation would insert bargaining into management’s business decisions, potentially providing employees a veto over how or what AI tools are eventually adopted. Many tools used by cities are increasingly incorporating AI technology, often in ways we do not even realize. They also have the potential to greatly improve efficiency and lower costs for cities and taxpayers. These bills could potentially subject all of those tools to bargaining – slowing down or preventing their adoption regardless of any improvements to city operations or cost savings they would result in.

Dates to remember

HB 1622 is scheduled for a committee vote in the House Labor & Workplace Standards Committee on February 14 at 10:30 am.