We asked ChatGPT to write a Union Security Clause. Here's how it did...
Prompt: Write a Union Security Clause that can be used in a collective bargaining agreement, to include agency fee payors.
Editor’s note: Although union security clauses which allow private-sector employers and unions to enter into agreements that compel workers to pay fees to unions as a condition of employment are currently unlawful in 26 states, if a bill such as the Protecting the Right to Organize Act (aka the ‘PRO Act’) is signed into law, union security clauses would be lawful in all 50 states.
As part of our work exploring artificial intelligence (AI) and its effect on the workplace, here is is out latest (unedited) installment.
Prompt: Write a Union Security Clause that can be used in a collective bargaining agreement, to include agency fee payors.
[Response time: Approximately 45 seconds]
Union Security Clause:
Membership Requirement: a) All employees covered by this collective bargaining agreement shall become and remain members in good standing of the Union by the thirty-first (31st) day after the effective date of this agreement or the date of their employment (whichever is later). b) Any employee who fails to become a member within the specified timeframe may be subject to disciplinary action, including termination of employment. c) The Union shall provide a written notice to each employee informing them of their obligation to become and remain a member in good standing. d) Union membership obligations include the payment of union dues and fees as required by the Union's constitution and bylaws.
Agency Fee Payors: a) In accordance with prevailing laws and regulations, any employee covered by this collective bargaining agreement who chooses not to become a full member of the Union shall be classified as an agency fee payor. b) Agency fee payors shall be required to pay an agency fee to the Union, as designated by the Union and allowed by applicable laws. c) The agency fee shall cover the costs associated with collective bargaining, contract administration, and other activities aimed at representing the interests of all employees in the bargaining unit, including agency fee payors. d) The Union shall provide a written notice to each agency fee payor informing them of their obligation to pay the agency fee.
Collection and Enforcement: a) The employer shall deduct union dues and fees, including the agency fee for agency fee payors, from the wages of each employee covered by this agreement. b) The employer shall remit all deducted union dues and fees, including the agency fee, to the Union on a regular basis as agreed upon. c) The Union shall inform the employer of any changes to union dues, fees, or agency fee rates in writing, with reasonable notice.
Challenges and Disputes: a) Employees who believe their classification as an agency fee payor or the amount of the agency fee is incorrect may challenge such classification or amount within a reasonable time, as outlined in applicable regulations or laws. b) Disputes arising from the administration or enforcement of this Union Security Clause shall be resolved through the grievance and arbitration procedure outlined in this collective bargaining agreement or as prescribed by applicable laws.
Savings Clause: a) If any part of this Union Security Clause is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be in full force and effect.
By signing below, the Union and the employer agree to be bound by the terms and conditions set forth in this Union Security Clause.