AB 96 Requires Public Transit Employers to Bargain Over Disruptive Autonomous Vehicle Technology

A new California law requires public transit employers to notify and bargain with unions before taking steps to acquire or deploy autonomous transit vehicle technology for public transit services that would eliminate job functions or jobs.  By requiring written notice and bargaining before even preliminary steps are taken by the employer, this law provides unions with greater opportunity to protect their members from the potentially disruptive effects of autonomous vehicle technology.

Assembly Bill 96, which was signed into law on October 8, 2023, is codified under California Government Code §§ 3125-3130.

A public transit employer must provide the exclusive representative of the workforce affected by the autonomous transit vehicle technology with at least 10 months’ notice of its intent to begin a procurement process to acquire or deploy autonomous transit vehicle technology.  The statute defines “procurement process” as the issuance of a request for proposals, a solicitation of proposals, or a request for quotations.

If a union provides a written request to bargain, the public transit employer must bargain over the development and implementation of new autonomous transit vehicle technology, the creation of a transition plan for affected workers, the creation of plans to train and prepare those workers to fill new positions created by autonomous transit vehicle technology, and related subjects.  Public transit employers must enter into bargaining within 10 days after receiving the union’s request or 30 days after the union received their notice, whichever is later.

The bill gives the Public Employment Relations Board (PERB) authority to process any unfair labor practice charges stemming from a covered public transit employer’s failure to provide sufficient notice or bargain in good faith over the prospective accrual or deployment of autonomous transit vehicles.

For more information about this new law or others, please contact your labor law counsel.