Bill Text: DE SB201 | 2021-2022 | 151st General Assembly | Draft
Bill Title: An Act To Amend Title 19 Of The Delaware Code Relating To The Public Employment Relations Act.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2021-12-16 - Introduced and Assigned to Labor Committee in Senate [SB201 Detail]
Download: Delaware-2021-SB201-Draft.html
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SPONSOR: |
Sen. Walsh & Rep. Osienski |
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Sen. Mantzavinos; Reps. Carson, Cooke, Griffith, Heffernan, Longhurst |
DELAWARE STATE SENATE
151st GENERAL ASSEMBLY
SENATE BILL NO. 201
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC EMPLOYMENT RELATIONS ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 13, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1302. Definitions.
(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 10 or more full-time employees.
§ 1308. Disposition of complaints.
(a) The Board is empowered and directed to prevent any unfair labor practice described in § 1307(a) and (b) of this title and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in § 1307(a) and (b) of this title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board; provided, that no complaint shall issue based on any unfair labor practice occurring more than 180 days prior to the filing of the charge with the Board.
(b) (1) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this chapter, such as payment of damages and/or the reinstatement of an employee; provided however, that the Board shall not issue:
a. Any order providing for binding interest arbitration on any or all issues arising in collective bargaining
between the parties involved; or
b. Any order, the effect of which is to compel concessions on any items arising in collective bargaining
between the parties involved.
(2) If, upon the evidence taken, the Board shall determine that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and conclusions of law and issues and dismiss the complaint.
(3) The Board or any designated agent thereof shall either issue its findings of fact and conclusions of law referenced in (b)(1) and (2) of this section within 180 days of the close of the record, or shall advise the parties of the status of the matter within 180 days of the close of the record, and every 30 days thereafter.
(c) In addition to the powers granted by this section, the Board shall have the power, at any time during proceedings authorized by this section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper subject to the limitations of subsection (b) of this section.
SYNOPSIS
This bill amends the Delaware Public Employment Relations Act in two ways. First, it expands the jurisdictional application of the Act to employers with less than 100 employees and as few as 10. Second, it requires the Board either to issue written decisions following hearings on unfair labor practice charges within 180 days of the close of the record, or, if the Board requires more time to issue its decision, it must provide a written notice to the parties advising of the same within the 180 day period and every 30 days thereafter.
Author: Senator Walsh
