Advise whether introducing a workplace tool must be bargained with the representative
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Summarize the tool and the work it changes, from the employer's description. Leave the bargaining conclusion blank.
- What the lawyer must review
- Section 158(d) requires the employer and the representative to meet and confer in good faith about wages, hours, and other terms and conditions of employment. Section 158(a)(5) makes a refusal to bargain with the representative an unfair labor practice, subject to § 159(a). You decide whether this tool changes a term or condition, and whether there is a representative. The duty is with the representative. It is not a general duty to consult every employee. You open § 159(a) before you say who the representative is. You write the advice. Formal Opinion 512: you remain responsible for it.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes summarising source material. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.