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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao https://doi.org/10.2...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
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Before Automation: AI, Epistemic Power, And The Future Of Labor Law

Authors: Desirée LeClercq;

Before Automation: AI, Epistemic Power, And The Future Of Labor Law

Abstract

In recent years, a novel but undervalued governance instrument has emerged that threatens the very foundations of American labor law: managerial power over the authoritative account of a firm's technological future. Extant labor doctrine takes a neutral position on the private ordering between employers and workers. Management's capacity to convince workers that their jobs depend on keeping labor costs low is virtually unchecked. Labor law lacks a mechanism and vocabulary to redistribute bargaining power in an era of future automation, leaving workers relatively powerless.&nbsp;<br><br>This Article examines the legal implications of future-automation rhetoric. It advances a theoretical framework it calls epistemic power, which refers to the capacity of employers to control the authoritative content of facts material to workers’ decisions, under conditions in which workers have no independent mechanism to verify those facts. Applying this theoretical framework to labor law exposes the normative stakes of a governance regime that uses future automation to control workers, particularly those without union representation. This account reveals that the National Labor Relations Board has the statutory authority to regulate epistemic power and redistribute power back to workers. And yet, current labor doctrine permits employers to link future automation to workers’ protected right to organize during the election period without requiring the employer to substantiate their claims until after the votes have been cast. Future automation, including burgeoning generative artificial intelligence (AI), is distinctly perceived as inevitable; its rhetoric is thus particularly coercive. This Article proposes a doctrinal framework that calls for the equal distribution of bargaining power between labor and capital by requiring employers to substantiate their future automation statements when they are made, during the election window.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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