Upholding the Rights of Philadelphia Transportation Workers Facing Criminal Allegations

Upholding the Rights of Philadelphia Transportation Workers Facing Criminal Allegations

Philadelphia has a long, complicated history when it comes to the rights of its public transportation workers. Several key events and legal cases have shaped how workers’ rights are protected — or not protected — today. This article takes a look at some of those key moments and examines what still needs to change to ensure fair treatment for Philly’s transit employees.

The 1944 Transit Strike

One of the most well-known transportation labor events was the Philadelphia Transit Strike of 1944. This started when the Fair Employment Practices Commission ordered the Philadelphia Transit Company to end discriminatory policies that had prevented Black workers from being promoted to operator roles. The company resisted, tensions rose, and white transit workers went on strike to oppose integration of operator ranks.

This ugly chapter shows the racism entrenched in Philly’s transit workforce at the time. It also set a tone for management resisting fair treatment of minority workers that continued for decades after.

Legal Cases Establishing Workers’ Rights Protections

In the 1960s and 70s, legal cases started chipping away at the Philadelphia Transportation Company’s ability to discriminate against employees. Cases like Transport Workers Union v. Philadelphia Transp. Co. in 1968 established that the company had to negotiate with the transit union regarding complaints about discriminatory promotion practices.

Another key case came in the 90s – Joseph G. Dykes v. Southeastern Pennsylvania Transportation Authority. This affirmed that SEPTA management had to follow collectively-bargained discipline procedures and couldn’t simply fire workers without proper process.

So over the decades, transportation employees gained important rights through court cases and contract negotiations. But as we’ll see, serious issues remain when it comes to fair treatment for Philly transit workers facing criminal charges.

Troubling Patterns of Due Process Violations

In recent years, there have been several high profile cases where SEPTA employees faced alarming due process violations after on-duty incidents.

In 2020, two Black transit officers were pulled from a bus and detained by police for over an hour. This was despite the fact they didn’t match descriptions of white suspects police were searching for.

Another case involved a SEPTA bus driver charged with manslaughter after a pedestrian fatality ruled an accident. But the driver was suspended without pay even before being found guilty. His employment status and reputation took a massive hit, despite no evidence of intentional wrongdoing.

In both instances, employees faced harsh penalties without appropriate investigation or due process. And racial bias also likely played a role.

Why Fair Procedures Matter

Rush judgments can ruin lives and careers. That’s why established disciplinary procedures that require thorough investigation matter so much. No one, regardless of profession, should face reputation-damaging punishments without fair process.

Philly transit workers operate heavy machinery and hold public safety roles. So when accidents happen, it’s understandable authorities will take it seriously. But all workers still deserve presumption of innocence as our laws guarantee.

Ongoing Needs for Reform

Unfortunately, patterns of due process violations keep happening among Philly transit agencies. This suggests a need for proactive reform – through additional employee protections in union contracts, stronger accountability for management overreach, plus implicit bias training for police.

Philly prides itself as a union town. So living up to those ideals means ensuring fair treatment for all workers – especially during times of crisis. Upholding basic rights isn’t “special treatment” – it’s the bare minimum we should expect from public agencies.

Transportation employees provide an invaluable service getting Philadelphians where they need to go every day. They deserve safe working conditions as well as fair procedures if accidents happen.

As we’ve seen from past fights for workers’ rights, progress has happened through court battles plus solidarity between employees and communities. So there are paths forward if transit workers, social justice groups and the public at large join forces once again. Our city’s history shows that fighting for labor rights and principles of fair treatment can lead to real change over time.