Bill Text: DE HB86 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act To Amend Title 19 Of The Delaware Code Relating To Public Employment.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2015-04-16 - Introduced and Assigned to Labor Committee in House [HB86 Detail]

Download: Delaware-2015-HB86-Draft.html

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SPONSOR:	Rep. Dukes & Sen. Hocker;
	Reps. D. Short, Hudson

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 86

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO PUBLIC EMPLOYMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §1302, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(p) "Public employer" or "employer" means the State, any county of the State or any agency thereof, and/or any municipal corporation, municipality, city or town located within the State or any agency thereof, which upon the affirmative legislative act of its common council or other governing body has elected to come within the former Chapter 13 of this title or which hereafter elects to come within this chapter, or which employs 100 or more full-time employees. ; provided, however, any county of the state or any agency thereof, and any municipal corporation, municipality, city, or town located within the state or any agency thereof, upon the affirmative legislative act of its common council or other governing body, may elect to not be subject to the provisions of this chapter.

(q) "Rebate" means that portion of a nonmember's pro rata share of the expenditures of the exclusive representative which are not made for purposes pertaining to the collective bargaining process, contract administration or pursuit of matters affecting wages, hours and other conditions of employment.

(r) "Strike" means a public employee's failure, in concerted action with others, to report for duty, or a public employee's wilful absence from a public employee's position, or a public employee's stoppage or deliberate slowing down of work, or a public employee's withholding in whole or in part from the full, faithful and proper performance of a public employee's duties of employment, or a public employee's involvement in a concerted interruption of operations of a public employer for the purpose of inducing, influencing or coercing a change in the conditions, compensation rights, privileges or obligations of public employment; however, nothing shall limit or impair the right of any public employee to lawfully express or communicate a complaint or opinion on any matter related to terms and conditions of employment.

Section 2.This act shall not apply to any employment contract entered into before the enactment of this act.However, the act shall apply to any renewal or extension of an existing contract.

SYNOPSIS

This bill allows counties and municipalities to elect not to be subject to the State's Public Employment Relations Act.