In the last 10 months, seven parking lot attendants from two companies say they were fired after speaking out about working conditions and trying to organize a union at their workplace.
At a City Council hearing last month, Mike Hardaway said he was fired after speaking at a rally for raising parking workers’ wages.
“I feel like I was targeted for speaking up," said Hardaway, who used to work for Towne Park at the Philadelphia 201 Hotel in Center City.
A new Council bill, introduced by Councilwoman Cherelle L. Parker, seeks to provide more job security for these workers by defining what a fireable offense is. It’s called “just-cause” legislation — meaning a worker can only be fired if an employer can prove an employee is not doing his or her job or is somehow hurting the business — and it’s on the vanguard of worker-protection laws being considered around the country.
It follows several largely successful national movements to legislate protection for low-wage workers: A $15 minimum wage, rights for domestic workers, and predictable schedules, known as the fight for a “Fair Workweek.” (Philadelphia passed a Fair Workweek law in December and is currently considering a Domestic Workers Bill of Rights. It does not have the power to raise the minimum wage because of state law.)
Many of these are rights that a union would negotiate in a contract — especially “just cause," which is standard in collective bargaining agreements — but advocates contend that labor laws that favor employers, a pro-business National Labor Relations Board, and a conservative Supreme Court have made it difficult for workers to join a union. Certain industries where there’s lots of turnover, like fast-food and retail, are also difficult to organize. So, cities such as New York, Seattle, and Philadelphia have turned to laws in place of unions.
To those who have never been covered by a collective bargaining agreement, just-cause legislation might sound far-fetched. That’s because, for more than 100 years, the U.S. has followed the rule of “at-will employment" — an employer can fire anyone at any time for any reason or no reason at all. The rule, labor lawyer Moshe Marvit writes, has been “treated as a fundamental feature of American culture and the economy.” There are exceptions protected by law — employers cannot, for example, fire someone because of their race or sex — but workers have the burden of proving the employer fired them for that reason.
Just-cause legislation is not without controversy:
Philadelphia’s just-cause bill, which a representative from Parker’s office said was modeled closely after New York’s legislation, was introduced in tandem with a bill that requires parking lot operators to have a certain level of staffing at all times.
The Philadelphia Parking Association, which represents parking giants such as Parkway Corp., said it was still reviewing the bills but has “strong concerns” that it has shared with Parker.
“Our hope is to reach a compromise that respects our workforce while at the same time protects the future viability of parking in Center City, which has lost an average of 1,500 to 3,000 spaces annually over the last several years,” the association said through a spokesperson.
City Council is to host a hearing on the parking bills Monday.