Trade Unions Must Fight AI Fire with AI Fire and Embrace Digital Tools

The right to organize is a fundamental labour right enshrined in national laws and regional and international labour standards. Workers have the right to form and join trade unions, participate in trade union activities and collectively bargain for their interests.

In South Africa, this is explicitly protected under section 23(2) of the Constitution of the Republic of South Africa, 1996, and internationally through conventions such as the International Labour Organization’s Freedom of Association and Protection of the Right to Organise Convention (No. 87 of 1948).

But the rise of automation and artificial intelligence (AI) is transforming the workplace at an unparalleled pace. While the potential benefits are extensive, this technological revolution poses a significant challenge to organized labour and the fundamental right to organize.

As machines increasingly take over tasks once performed by humans, the traditional landscape of labour relations is undergoing a seismic shift. In South Africa, the right to organize is enshrined in our Constitution and reinforced by international law.

This right, however, is facing a new reality where the very definition of “worker” is becoming blurred. How do unions maintain relevance when the workforce increasingly comprises algorithms and robots?

Organizational rights form the backbone of effective trade union operations. The right of access to the workplace allows trade unions to engage with employees for recruitment and representation purposes. While this is a key right, it has restrictions, especially in domestic work, where access to private homes requires employer permission. Deductions of union subscriptions and levies ensure seamless financial support for unions through payroll deductions. Leave for trade union activities should be granted reasonably so that representatives can perform union functions or undergo training.

Trade unions are also entitled to appoint representatives to engage with employers on workplace issues. Additionally, employers must share relevant workplace information with unions to ensure adequate representation, barring legally protected, private or potentially harmful disclosures.

The extent to which these rights can be exercised depends on a trade union’s representation level. In South Africa, a sufficiently representative union enjoys access to workplaces, payroll deductions and leave for representatives, whereas a majority union enjoys all organizational rights.

Access and POPIA

The Protection of Personal Information Act 4 of 2013 (POPIA) is a fundamental piece of legislation in South Africa that regulates how personal information is processed, stored and shared.

POPIA affects trade unions as they collect and manage personal data from their members. The Act ensures that data subjects — such as employees and union members — control their personal information and how it is used.

Trade unions must ensure compliance by obtaining consent before collecting and processing personal data, safeguarding sensitive information from breaches and providing transparency regarding data usage.

Access to workplace information remains a fundamental part of trade union rights, but this must now be balanced with the provisions of Popia. Employers must disclose relevant information that will allow trade union officials to perform their duties effectively.

However, certain personal information — such as legally privileged data, confidential employer details or private employee records — cannot be disclosed without appropriate consent. This presents an additional layer of complexity for unions seeking information for collective bargaining, representation and advocacy efforts.

Trade unions must adapt their data management strategies to comply with Popia while ensuring they advocate effectively for workers’ rights.  This requires investment in secure digital systems, clear data handling policies and trade union representatives’ training on privacy compliance.

Worker representation in automated workplaces

As automation reduces the number of human workers in various industries, the dynamics of meeting the threshold for worker representation in trade unions must evolve.

Traditionally, trade union recognition depends on reaching a certain percentage of employees within a workplace. However, as automation leads to a decrease in human employment, these representation thresholds may become increasingly difficult to achieve.

In highly automated industries, where machines replace large portions of the workforce, trade unions may find it challenging to meet the necessary minimum membership levels required for official recognition.

This raises critical questions: should the legal framework for representation be adjusted to account for the declining number of human workers?

Should there be alternative mechanisms for trade unions to represent workers in hybrid workplaces where humans and AI-powered systems coexist?

To address this, labour laws must be re-evaluated to ensure that trade unions remain effective in advocating for and defending the rights of workers in automated environments. Policymakers should consider flexible representation thresholds that consider broader workplace realities, including contract workers, gig economy employees and part-time staff.

Additionally, trade unions should proactively engage with lawmakers to push for regulations that protect collective bargaining rights in industries where automation is prevalent.

Moreover, trade unions must develop innovative strategies to maintain membership and influence. Expanding recruitment efforts beyond traditional employment models to include independent contractors and those in the gig economy will be essential.

Technology should also be leveraged to maintain worker engagement, ensuring that even in automated settings, the human workforce retains its ability to organize and advocate decent work. Retaining trade union members in the labour market through skills development and retraining initiatives is crucial.

Union recruitment in AI-automated workforce

AI automation presents a significant challenge to trade union recruitment efforts. As companies increasingly rely on AI-driven hiring processes, automated performance tracking, and algorithmic management, traditional trade union outreach strategies may no longer be effective.

AI-powered workplace monitoring systems can track employee sentiments and discourage organizing efforts by identifying trade union activity in its early stages. Additionally, remote and gig-based work models, facilitated by AI, create a fragmented workforce, making it more difficult for trade unions to connect with potential members.

Another challenge is the rise of AI-driven decision-making in hiring and employment practices. Many workers may find themselves in short-term or temporary contracts, reducing the stability and long-term relationships that have historically facilitated trade union membership.

Workers who engage in multiple short-term jobs may not see the immediate benefit of trade union representation, further complicating recruitment efforts. Low levels of unionisation can undermine trade unions’ role in promoting industrial peace by advancing workers’ interests by, for example, negotiating with employers to improve the socioeconomic conditions of workers.

To address these challenges, trade unions must embrace digital tools to enhance their outreach and advocacy. AI-powered chatbots and virtual platforms can help trade unions engage with workers in real time, providing instant support and answering common concerns.

Social media campaigns and targeted digital advertising can raise awareness about trade union benefits and worker rights in AI-driven workplaces.

Moreover, legislative efforts should focus on protecting workers’ rights to organise, even in highly automated and algorithmically managed workplaces.

The answer to the challenges posed by automation lies in adaptation and innovation. Trade unions must embrace the same technologies that are disrupting the workplace. AI-powered chatbots can facilitate member recruitment and engagement, even reaching workers in traditionally difficult-to-organize sectors like domestic work.

Virtual platforms can connect trade union representatives with geographically dispersed members, providing real-time support and fostering a sense of community.

However, technological adaptation is only part of the solution. Trade unions must also grapple with the changing dynamics of representation. As automation reduces the number of human workers in specific industries, existing thresholds for trade union recognition may become obsolete.

We need a proactive policy response to ensure that workers in automated workplaces retain their right to collective bargaining.

Furthermore, trade unions must become champions of worker transition in the face of job displacement. This means advocating for upskilling and reskilling initiatives, social safety nets, occupational safety and health and policies promoting a transition to a new economy.

The challenges are undeniable, but so are the opportunities. By harnessing the power of AI and digital tools, trade unions can expand their reach, enhance their advocacy and remain powerful forces for worker rights in the 21st century.

But this requires a bold vision and a willingness to embrace change. The future of organized labour depends on its ability to navigate the complexities of automation while upholding the fundamental right to organize.

Let’s not allow the robots to have the last word.