NewsGuild of NY, Tech Guild take legal action against The New York Times

NEW YORK – The New York Times is using AI technology to monitor and surveil the performance of unionized tech workers in violation of their collective bargaining agreement, the NewsGuild of New York says. 

The NYGuild, which represents three bargaining units at The New York Times, filed two grievances and an unfair labor practice charge against The Times on Thursday, both on behalf of the Tech Guild.  

“Using AI to surveil our work violates our contract and creates a skewed, inaccurate picture of our members’ work,” said Benjamin Harnett, chair of the Tech Guild’s Generative AI committee and a staff software engineer at The Times. “Our work takes human judgment, problem-solving and skill that can't be accurately assessed by AI analysis and proxy metrics. It's the equivalent of setting an arbitrary story quota for journalists."

The grievances accuse Times management of violating the Tech Guild’s contract by using AI programs to surveil and monitor performance of Tech members, as well as failure to notify the union.

Management has continually refused to provide information to the Tech Guild on the company’s use of AI, despite being required by federal law to provide information that relates to either bargaining or contract enforcement. The Times refused to respond to three requests for information from The Tech Guild and NYGuild, violating labor law. 

The NYGuild and Tech Guild’s first request for information was sent nearly two months ago on March 26; then on April 22 and the final notice on May 6. The request is seeking information on the company’s current use and past use of AI as well as planned and contemplated use of AI and the impact on employees and workflow. 

The Times Guild, which represents more than 1,500 editorial, ad sales, and support staff, is currently in bargaining on a new contract. The Times Guild also has made repeated requests for information about AI and the Times has refused. The NewsGuild of New York, on behalf of the Times Guild, filed a separate unfair labor practice charge for this refusal. 

“Workers everywhere are under attack from the unethical use of artificial programs by bosses,” said Susan DeCarava, president of The NewsGuild of NY. “Sadly, New York Times management has proven themselves to be no different, rejecting both transparency and accountability for how artificial programs are being used against the very workers who help make the company successful.”