As used in this Chapter, the following terms have the following meanings:
(1) Agency. The term "Agency" shall mean such office as the Mayor shall designate to administer and enforce this Chapter.
(2) Bona fide economic reason. The term "bona fide economic reason" in connection with the discharge of parking employees means the full or partial closing of operations or technological or organizational changes to the business, resulting in a reduction in revenue or profit.
(3) Discharge. The term "discharge" means any cessation of employment, including termination, constructive discharge, layoff, reduction in hours and indefinite suspension.
(4) Parking employer. The term "parking employer" shall mean any individual, partnership, association, corporation or business trust or any person or group of persons, or a successor thereof, that employs one or more parking employees, including any such entity or person acting directly or indirectly in the interest of the employer in relation to the parking employee. More than one entity may be the parking employer if employment by one parking employer is not completely disassociated from employment by the other parking employer.
(5) Just cause discharge. The term "just cause discharge" means a discharge for a parking employee's failure to satisfactorily perform job duties or misconduct that is demonstrably and materially harmful to the parking employer's legitimate business interests.
(6) Parking employee. The term "parking employee" means any person employed on the premises of a public parking garage, public parking lot, or for a valet parking operator, as defined in The Philadelphia Code subsections 9-601(1)(a)(.1), (.2), and (.7), respectively.
(7) Progressive discipline. The term "progressive discipline" means a disciplinary system that provides for a graduated range of reasonable responses to a parking employee's failure to satisfactorily perform such employee's job duties or misconduct that is demonstrably and materially harmful to the parking employer's legitimate business interests, with the disciplinary measures ranging from mild to severe, depending on the frequency and degree of such failure or misconduct.
(8) Reduction in hours. The term "reduction in hours" means a reduction in a parking employee's hours of work that totals at least fifteen percent (15%) of the employee's weekly work schedule.
(1) In determining whether a parking employee has been discharged for just cause, the fact finder shall consider, in addition to any other relevant factors, whether:
(a) The parking employee violated the parking employer's policy, rule or practice;
(b) The parking employee knew or should have known of the parking employer's policy, rule or practice;
(c) The parking employer provided relevant and adequate training to the parking employee;
(d) The parking employer's policy, rule or practice was reasonable and applied consistently; and
(e) The parking employer undertook a fair and objective investigation prior to discharging the employee.
(2) A discharge shall not be considered based on just cause unless the parking employer has utilized progressive discipline; provided, however, that the parking employer may not rely on discipline issued more than one year before the purported just cause discharge as a step in progressive discipline.
(3) The parking employer shall promptly provide a written explanation to any discharged parking employee of the precise reasons for the just cause discharge. The fact finder may not consider any reasons not included in such written explanation.
(4) The parking employer shall bear the burden of proving just cause by a preponderance of non-hearsay evidence in any proceeding brought pursuant to this Chapter.
(1) The parking employer shall promptly provide a written explanation to any discharged employee of the precise bona fide economic reason(s) for the discharge. The fact finder may not consider any reasons not included in such written explanation.
(2) A discharge shall not be considered based on bona fide economic reasons unless supported by the parking employer's business records showing that the closing, technological or reorganizational changes resulted in a reduction in revenue or profit.
(3) Discharges based on bona fide economic reasons shall be done in reverse order of seniority according to the length of service of parking employees in the work site where the discharge is to occur, computed in accordance with subsection 9-4704(4), so that employees most senior in length of service shall be retained the longest and, in the case of temporary layoffs of staff, reinstated first.
(4) Length of service shall be computed from the first date of employment, unless such service has been interrupted by an absence from the payroll of more than six months, in which case length of service shall be computed from the date of restoration to the payroll. Length of service of a parking employee shall be deemed not to have been interrupted if such absence was the result of military service, illness, educational leave, leave authorized by law, or discharge in violation of any local, state or federal law.
(1) It shall be unlawful for a parking employer or any other person to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right protected under this Chapter 9-4700 or subsection 9-601(8) of Chapter 9-600.
(2) No person shall take any adverse action as to a parking employee that penalizes such employee for, or is reasonably likely to deter such employee from, exercising or attempting to exercise any right protected under this Chapter, or from filing a complaint under subsection 9-601(8) of Chapter 9-600. Taking an adverse action includes threatening, intimidating, disciplining, discharging, demoting, suspending or harassing a parking employee; assigning a parking employee to a lesser position in terms of job classification, job security, or other condition of employment; reducing the hours or pay of a parking employee or denying the employee additional hours; and discriminating against a parking employee, including actions or threats related to perceived immigration status or work authorization.
(3) Protections of this Section shall apply to any person who mistakenly but in good faith alleges violations of this Chapter or files a complaint under subsection 9-601(8) of Chapter 9-600.
(4) It shall be considered a rebuttable presumption of retaliation if a parking employer or any other person takes an adverse action against a parking employee within 90 calendar days of the employee's exercise of rights protected in this Chapter or the filing of a complaint under subsection 9-601(8) of Chapter 9-600.
(1) Parking employers shall post and keep posted, in conspicuous and accessible places on the premises of the parking employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Agency, setting forth the rights and privileges provided under this Chapter, stating that retaliation against parking employees for exercising such rights is prohibited, and providing such other information as the Agency may require.
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