On Nov. 30, Pittsburgh City Council unanimously passed the Displaced Worker Protection Ordinance. The mayor would be wise to sign it into law.

		Jules Lobel is a professor at the University of Pittsburgh School of Law and vice president of the Center for Constitutional Rights. Tom Hoffman is communications director for Service Employees International Union Local 3, the Justice for Janitors local covering Western Pa., Ohio and Michigan.

This bill would provide some small amount of security to workers who keep our Downtown buildings clean and safe when the company they work for loses a contract with a major building. These workers endure some of the toughest working conditions in the country and suffer the fourth-highest injury rate in the United States. These workers face the constant threat of being tossed out in the street with very little warning -- no matter how well they do their job or how long they have worked in the building,

These contract workers, who would be protected by this bill, constitute a large proportion of that vast hidden work force often called "contingent employment." This work force is characterized by greater-than-normal job instability, low wages and a loss of traditional employment rights. The result undermines not only individual employee morale and family stability but also local community interests. Job instability means greater unemployment within the community, higher unemployment insurance costs to the employers, and greater reliance on public services including charity care in public hospitals and welfare.

Almost a year ago, janitors who cleaned at the Centre City Tower in Downtown came face-to-face with this instability. Many of the janitors had worked in that building for many years (one woman had worked there since the building opened) and were given one day's notice to clean out their lockers and go home jobless during the holiday season because their employer, BSI, lost its cleaning contract with the building. The Service Employees International Union has supported the bill to prevent a replay of this situation.

The Displaced Worker Protection Ordinance would provide workers like the Centre City janitors with 180 days of employment with the new contractor. The worker would have a chance to prove themselves to the new employer or to seek other employment. During this time period, a janitor could be fired for "just cause" such as stealing. The contractor would also be allowed to reduce the number of workers if need be, as long as it laid people off in accordance with their length of service. The bill does not stipulate any particular wages or benefits.

Similar ordinances have been passed by forward-looking cities such as Washington, D.C., Philadelphia, New York and San Francisco that recognize that keeping unemployment low in an industry that is known for high turnover is good public policy. The ordinance has worked well in these cities with virtually no complaints from contractors or building owners. All of these cities have stronger real estate markets than Pittsburgh, so this modest safety net for contingent workers has not deterred investment in these cities -- and it won't here in Pittsburgh.

In fact, Washington's ordinance was expressly upheld by the U.S. Court of Appeals. It pointed out that there are many laws that regulate businesses (e.g. OSHA, child labor laws and anti-discrimination laws) and it is well within a municipality's rights to pass such laws.

Building owners and managers have argued that Pennsylvania law prohibits Home Rule municipalities, like Pittsburgh, from regulating businesses with ordinances such as the Displaced Worker Protection Ordinance. However, state law only prohibits municipalities from regulating matters that the state regulates. At this point, Pennsylvania has not regulated the matters in the ordinance so Pittsburgh is free to do so.

The bottom line is that contract employees work very hard to make sure that Pittsburgh's buildings are clean, safe and working. These workers deserve to have some peace of mind that they will not be terminated just because their employer loses a contract.

This bill is good public policy. This bill has stood up to all legal challenges. This bill helps in the best possible way those workers who desperately need the opportunity to keep their families out of poverty: It helps them stay employed. We commend City Council for its vote and we urge the mayor to sign the ordinance.