JMITU Statement on settlement of the case for unfair labor acts(misuse of artificial intelligence)
Aug. 1, 2024
JMITU (Japan Metal, Manufacturing, Information and Telecommunication Workers’ Union)
JMITU Tokyo
JMITU IBM Japan
JMITU IBM Japan, legal team
JMITU (Japan Metal, Manufacturing, Information and Telecommunication Workers’ Union)
JMITU Tokyo
JMITU IBM Japan
JMITU IBM Japan, legal team
1. A settlement with regard to applying AI to salary adjustment (salary review process) was reached between JMITU and IBM Japan, Ltd.(IBM Japan) at Tokyo Metropolitan Government Labor Relations Commission on Aug. 1, 2024 which Includes following article.
(1) IBM Japan will disclose to JMITU about all the factors which are dealt with AI during salary review process.
(2) IBM Japan will explain to JMITU about relationship between evaluation items in wage regulations and the factors as mentioned above (1).
(3) When JMITU pointed out any question about its salary review process with specific reason like no pay raise, wage reduction and low evaluation, to remove all doubts IBM Japan will disclose AI’s proposals as required.
(4) When any question about AI’s wages evaluation method arise in the future, IBM Japan will negotiate with JMITU about the issue with sincerity.
2. This incident was attributed to IBM Japan’s introduction announcement of home-grown AI system(IBM Watson) for salary review process of IBM group employees on Aug.2019, and in response to this, JMITU demanded collective bargaining to disclose all the factors which are used by AI and AI’s suggestions for employee’s manager. However, IBM Japan refused the disclosure, so JMITU filed a request to the commission on Aug.2019 its assistance on the violation of Article 7 of the Labor Union Act(dishonest negotiation, intervention by employer)
And making further reference, after the petition, some part of IBM Japan’s department were divided as Kyndryl Japan KK and JMITU’s member transferred to the company that doesn’t apply AI system for salary review process currently.
3. Although AI has been applied various field, AI is pointed out that there is a danger of learning discrimination (racial, gender, nationality…etc) which still remain in our society, or hard to understanding due to its decision making process will be kept under wraps. It is likely to be an issue to assure its transparency when corporations apply AI to HR management. However, there are limitations to self-help efforts by each employees, due to lack of laws and regulations.
The settlement of this case between labor and management reached agreement on assuring transparency of salary assessment that will done by AI’s proposals and parameters that are used.
And this agreement also provide a role model to assure employee’s right and labor condition by monitoring corporation’s AI usage and holding them accountable. Moreover, this role model should be accepted as a starting point since AI usage is likely to vary from corporation, foreseeing future trends is uncertain and applying legal restraints are limited.
From now on, the challenge is to evaluate AI system (basis, criterion, algorism) and assure its adequacy and fairness when a question about wage reduction which related to AI arise.
Especially IBM is home-grown AI developer and supplier of the product to the market, the results of our efforts to address the issues that will arise in the process of settlement of this case, will affect other corporations who are considering to apply AI(IBM Watson or similar one) to HR management.
We JMITU branch of IBM Japan acutely conscious of taking a heavy responsibility with a lot of grit and determination to lead employee and labor union, continuing to assure employee’s right and improve labor condition.