City workers must return to the office full-time starting Monday after a judge denied a union's request for an injunction to block Mayor Cherelle Parker's mandate.
The judge made the decision early Friday evening during a hearing at city hall.
On July 2, District Council 47 of the American Federation of State, County and Municipal Employees (AFSCME), filed a lawsuit asking the judge to block Parker’s requirement that their workers return to their offices full time starting July 15.
The lawsuit claims the mandate violates its contract and will harm city workers. The union, which represents 6,000 administrative and supervisory employees, also filed an unfair-practices complaint with the Pennsylvania Labor Relations Board.
Get top local stories in Philly delivered to you every morning. >Sign up for NBC Philadelphia's News Headlines newsletter.
On Thursday, July 11, union leaders as well as attorneys representing the city attended a hearing at city hall in which both sides presented their arguments.
“I’ve met with the city. We wanted to see if we could work it out. But the position has always been, just no,” AFSCME District Council 47 President April Gigetts said on Thursday.
Controversy over return-to-office mandate
Parker announced the mandate in May, saying she wanted to create a more visible and accessible government. The decision ended the city’s virtual work policy, put in place in 2021, and essentially returns employee scheduling to what it was before the coronavirus pandemic.
About 80% of the city’s 26,000 employees have been working fully on site since last year, while the rest have worked on site 31 to 75 hours per pay period, Parker said. Former Mayor Jim Kenney had left hybrid work decisions up to department heads.
AFSCME – which represents about 3500 city workers -- sharply criticized the decision when it was announced, saying it was unilaterally imposed instead of going through collective bargaining. They also believe the policy will worsen the worker shortage the city has suffered since the pandemic.
“It’s been normal for the past four years. So to automatically remove it without going through the bargaining process is a violation of the terms and conditions of employment,” AFSCME Local 2187 President David Wilson said on Thursday.
The union also argues that the city lacks enough office space to bring all employees back and that making the change over the summer, when children are out of school, complicates schedules for parents.
“I think we have been inundated with stories of fear, child care, elder care, being able to take care of your children, fix breakfast in the morning, seeing them off,” Gigetts said.
During Thursday’s hearing, city workers discussed how the return to office policy would impact them. Some said they’re looking for other jobs. Attorneys for the city, meanwhile, argued that work location is a management right and not subject to collective bargaining.
Parker, a Democrat, has also said her administration does not believe the new policy is subject to collective bargaining. She also noted changes that were made to be more worker friendly, such as extending paid parental leave from six to eight weeks and designating the Friday after Thanksgiving as a holiday. Officials have also said there will be relaxed restrictions on sick leave to care for family members.
During a news conference on Wednesday, July 10, Parker didn’t comment on the lawsuit but further explained her reasoning behind the mandate.
“I needed Philadelphia’s municipal workforce to return to office to provide valuable supports and services to you, the taxpayers of the city of Philadelphia,” Parker said.
Parker also said Wednesday that she needed city employees on the same page with her to help her do what she feels needs to be done for the city.
"I can't make good on my promise to you without the hard work of the men and women that keep Philadelphia moving," she said.
The city hall hearing continued Friday, July 12, and the judge ultimately decided to deny the union's request, meaning the mandate will officially begin on Monday, July 15.
Gigetts said she was "disappointed" by the judge's decision.
"We're disappointed that she did not see the harm that this is going to cause our members," Gigetts said. "But we're hoping that the city will accept our request for an expedited arbitration because we do believe we will prevail there."
Philadelphia Chief Administrative Officer Camille Duchaussee also reacted to the decision.
“We understand that work from home is something that our employees were taking part in," she said. "But we all have a shared purpose. And our employees are committed. Our workforce is committed to the shared purpose.”
On Friday evening, Philadelphia Mayor Cherelle Parker released a statement on the court's decision.
"“I promised the City that they would have a government they could see, touch and feel. I promised to make our City the safest, cleanest and greenest big city in America, with access to economic opportunity for all. This ruling gets our city one giant step closer to delivering on that promise," Parker said in the statement. "I want every member of our workforce to know: I'm a pro-Union, pro-worker Mayor, and I thank you for all your service every day to make Philadelphia better.”
