Impacts of Laws and Regulations on CV and AV Technology Introduction in Transit Operations (2017)

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WORKFORCE 51 W O R K F O R C E

WORKFORCE 52 Transit Industry Readiness for AV Technology During the project, several workshops were held with transit operators to discuss issues, including workforce challenges. Several themes emerged during the workshop discussion, with topics of high interest including: • Unions and Labor – Will workers (primarily bus operators) be eliminated with AV transit systems? As AV transit technology advances, unions are indicating their concern regarding the timing of the implementation, the displacement of workers, and the need to be actively involved at the earliest stages when AV transit technology is first being considered. • Human drivers/operators versus trusting in AV technology –Will the public feel comfortable riding in unmanned AV transit vehicles? • Operational benefits of AV Transit applications – Can automated transit systems be more reliable than human-driven systems? Non-automated, manually driven vehicles sometimes experience problems staying on schedule, due to variance in bus driver performance. Automation may improve scheduled operations through tighter coordination with traffic signal systems and supervisory systems that may be continually optimizing operations over the entire line. A clear theme from the discussions was the requirement to involve representatives of the labor force in the early considerations of AV transit deployment. This could involve focus groups, workshops, employee meetings, and direct participation in AV transit demonstration projects and evaluations of technology benefits. Each agency should integrate this employee involvement in their policy-driven planning and it should involve front-line employees directly in the process. Another clear theme from the discussions was that management and organization structures will probably need modification as AV transit technology is deployed over time. The labor force may shift away from being dominated by operators and mechanics and toward remote monitors, recovery operators, and maintenance personnel with higher levels of technology skill. Organizational models may need new divisions such as a technology operations division. Since this is not the first industry to be affected by robotics and automation, lessons learned from aviation, railroads, and manufacturing may be relevant to transit353637. Employee Roles in Compliance with Federal Regulations During the workshops, the participants discussed regulatory aspects of safety and ADA compliance in the context of AV transit. Passenger access to platforms, assistance with boarding vehicles and docking/securing patrons in wheelchairs are all significant challenges of AV transit. When no driver is onboard a public transit vehicle, how will these things be 35 https://economics.mit.edu/files/11563 36 https://www.aerotek.com/insights/working-in-america-the-onset-and-impact-of-automation 37 http://reason.com/archives/2015/03/07/automation-may-be-labor-union-death-knel

WORKFORCE 53 accomplished? Depending upon the disability, additional technology solutions (auto-energized ramps, auto-securing tie-downs, etc.) may be required to perform these functions without human assistance. It may be challenging to envision these additional functions with today’s technology, but perhaps by the time that “all” buses are capable of driverless operations such features will be proven as well. In the interim, however, it is difficult to imagine a driverless BRT line without such functions. While the self-driving technology may enable a BRT operation on dedicated transitways today, attendants will still be needed for ADA compliance for the foreseeable future. Employee Transition and Training AV transit implementation could mean significant changes to the way transit employees function. These changes range from revising roles/duties, normalizing work schedules and perhaps decreasing total staff over time. Existing employees will likely require education and training to modify their roles. Additional issues discussed in the workshop include: • Human vs machine – Which will be responsible for the vehicle during progression from higher levels of automation back to manual control? A gradual and well-timed transition from machine control to human control is critical for success. While the opposite scenario is also important (driver handing over control to the machine), the release of the vehicle from automated operation back to the driver is a critical safety event. Union issues will likely arise when collisions occur. Was the driver assistance system or L3/L4 automation responsible? Was the driver responsible? • Role of current drivers – About 40% of the operator’s time is spent on passenger related issues (e.g., fares, loading and unloading) and 60% spent driving. How will passenger issues be addressed when the operator is completely removed from the transit vehicle? • Driver hours and salary changes – Most operators work 10-12 hours daily. Currently the work hours occasionally increase to 16 hours a day when the transit agency experiences staffing shortages (so the same drivers may work at both the AM and PM peak periods). Some industry representatives believe that AV transit implementation will normalize operators’ work day and potentially shrink their schedules to 8 hours daily and 40 hours weekly. If these factors do in fact result in total fewer hours than transit vehicle operators currently work, it will translate into less take home pay. Unions and Collective Bargaining For decades, unions have represented hundreds of thousands of transit workers and have brokered contract terms, working conditions, wages, and benefits. These negotiations are conducted with the intent to ensure the fair treatment of employees while providing the transit agency with quality employees to meet the agency’s service goals. Traditional Bargaining Items Typically, unions help determine the working conditions, (hours, days, duration) for transit workers. Issues about wages, rates, and compensation rest at the heart of most agreements. Rules about the frequency of work and overtime situations are also contained in the contract. Unions also intervene, on behalf of the employee, when disputes with the agency occur. Unions frequently serve as a “checks and balances” system when agencies make workforce decisions,

WORKFORCE 54 e.g., promotions and layoffs. Unions also assist in protecting workers from safety risks and unsafe working conditions. During the Transit Industry Stakeholder Meeting #2, participants noted that the most significant concern of unions is the displacement of workers due to AV transit deployment. This concern may also be expressed by agency advisory boards and elected officials. Currently, few collective bargaining agreements mention the impact of technology on workers’ jobs. However, as the transit industry incorporates AV transit, unions may decide to include language in contracts that specifically addresses new changes that workers may face because of AV transit deployment. In the future, negotiations may expand and include clauses aimed at workforce retraining, reassignment, and guidance on downsizing. Stakeholder participants also expressed concern regarding lawsuits filed by unions to protect operators’ jobs. Many cited the Federal Transit Act 13 C Federal Rule, which provides transit labor protection so that jobs cannot be taken away from public employees38. Comprehensive information on 13c can be found in TCRP Legal Research Digest June 1995, #4. Employee Training and Retraining Even basic L1 ADAS technology presents the potential to reduce collisions, fatalities, injuries, and insurance claims of conventional fixed-route transit. As new technology works its way into public transit over the next few decades, employees, unions, and transit agencies must begin the process of identifying the new positions that emerge and how to incorporate current workers into these positions. In some instances, employees will need retraining and/or additional education to understand how to operate (or maintain/repair, as appropriate) the technology and systems. The early periods of transition from L0 to L3 automation will be especially important as the operators will require special training for the transition of control from manual to automated and more importantly from automated driving back to manual control. Some have argued that the risks induced by L3 driving systems may be too significant to allow on transit vehicles, particularly in mixed traffic environments. Regardless, training and retraining will be a significant component of introducing AV technology into transit operations as the man/machine interface becomes integrally involved in the driving tasks. The most obvious positions impacted by AV transit implementation at L4 levels are those of vehicle operators. Finding new roles for vehicle operators means examining their current roles and duties. Typically, operators are responsible for driving, for ensuring safety (in and around the bus and patron safety), and for addressing passenger issues. With AV transit, former drivers, dispatchers, and street supervisors will probably convert to operational roles as staff in the Operations Control Center (OCC) or as roving “operations response” personnel. A key element of the new roles will be direct interaction one-on-one with patrons, via remote video phone and/or intercom systems. In addition, the eventual deployment of L4 automation will likely also involve a significant number of vehicle operators who remotely take control of vehicles from the OCC when necessary. Such situations may include driving the vehicles to operational 38 http://onlinepubs.trb.org/onlinepubs/tcrp/tcrp_lrd_04.pdf

WORKFORCE 55 recovery or maintenance and repair locations, maneuvering the vehicle around an unexpected obstacle or extracting the vehicle from unusual circumstances such as a software failure. Imagining and preparing for the type of jobs needed over the long term because of AV transit implementation is not just the role of the transit agency, but also should also be undertaken by the unions and drivers themselves. Cooperation between all parties would ensure a better understanding of who will be directly impacted by the technology and to what extent. Such cooperation will lead to new work opportunities, e.g., cross training and promotions as well as additional training/education for employees. Resizing the Workforce Little to no research on cost-benefit evaluation of the introduction of AV to transit systems has been done to date. Given that the current cost of transit operations is dominated by the cost of the driver (25%-40% of the cost), automated driving systems can provide lower-cost services – based on the premise that AV transit technology can be shown to be as safe as human driving and able to navigate the wide range of operational scenarios that humans can currently handle when the drivers are removed. The amount of reduction in workforce cannot be accurately identified without a detailed identification of the operating paradigm (such as how many vehicles a remote operator can monitor reliably). Changes resulting from the implementation of AV transit will likely mean considering changes to the job descriptions, titles, skills and number of employees. As discussed above, transit operating agencies must give the utmost concern and sensitivity as to how these changes will occur. Initially, full time equivalent (FTE) positions could be eliminated via attrition. As workers retire, transit agencies may make decisions not to fill these positions because the work can be spread across fewer employees in their new roles. This approach allows for a natural and progressive shrinkage of the number of employees. Section 13c of the Federal Transit Act Equally important are the potential changes to federal law that may be required to be made. This major issue for public transit authorities concerns 13 C Federal Rule, which specifically states that jobs cannot be taken away from public transit employees. Refer to 49 U.S.C. 5333(b), also known as “Section 13(c)” of the Federal Transit Act39. The statute reads in part: As a condition of financial assistance … the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. Arrangements under this subsection shall include provisions that may be necessary for – a. the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise; b. the continuation of collective bargaining rights; 39 https://www.dol.gov/olms/regs/compliance/statute-sect5333b.htm

WORKFORCE 56 c. the protection of individual employees against a worsening of their positions related to employment; d. assurances of employment to employees of acquired public transportation systems; e. assurances of priority of reemployment of employees whose employment is ended or who are laid off; and f. paid training or retraining programs. The reality that automation will eventually reduce the total size of the public transit system work force may be one of the most significant policy considerations that will need to be addressed within each local transit operating agency over the coming years. This matter alone may pace the rate at which AV transit technology can be implemented in many locales, resulting in a significantly longer timeframe for AV transit deployment as labor force reduction and redeployment will only be able to occur gradually without revision to Section 13c of the Federal Transit Act. Findings on Workforce Deployment Research Projects on AV Transit Workforce Deployment – There are significant matters to be addressed in the near to medium term regarding the redeployment of the transit operating agency’s workforce as AV transit is progressively brought into passenger service and as levels of automation are progressively increased. The following key research projects should be considered for undertaking based on the considerations and findings of this working paper: 1. AV Transit Employee Roles and Responsibilities – A study to develop preliminary job descriptions for future employee roles and responsibilities as progressively higher levels of transit automation are deployed by a “typical” small, medium, and large transit operating agency, and as different types of transit service are implemented (e.g., first- mile/last-mile circulator/connector service, line-haul BRT service, arterial street corridor service, and regional long-distance commuter bus service). 2. Employee Involvement Guidelines – The transit industry would greatly benefit from the preparation of a planning template of steps which frames a generic process involving employee representatives in AV transit technology investigations/demonstrations and subsequent phasing of deployment. These steps would serve to define for each phase of AV transit technology implementation the progressive redeployment of the existing workforce to new roles and responsibilities. 3. Union Contract Guidelines – A policy study that leads to the preparation of draft language for future union contracts would be very beneficial, which specifically provide for a progressive implementation of AV transit technology and the associated transition of employee roles and responsibilities. 4. Automation of Employee Actions in Compliance with ADA – A technical research project that first performs an evaluation of current employee actions and responsibilities in assisting and protecting passengers with disabilities when accessing transit vehicles and the corresponding securement of wheelchairs once onboard could then produce technical guidelines for automation of these functions in design of AV transit vehicles. This research would investigate the means and methods to accomplish these actions as higher levels of vehicle automation are achieved. Equipment functional capabilities/features, employee involvement/monitoring, and employee location (i.e., at

WORKFORCE 57 the vehicle or remote) should be defined for each automation level and type of transit service.