DelawareSB 24153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLES 14 AND 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT AND THE PUBLIC EMPLOYMENT RELATIONS ACT.

Sponsored By: Bryan Townsend (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 0 costs, 5 mixed.

New rules to certify public unions

To start a union petition, at least 30% of workers in the unit must sign, and signatures must be uncoerced. The same 30% rule applies to public and public school units. Signatures count only if they are dated within the last 12 months. The Board dismisses any petition that is not properly filed or lacks the required valid signatures. If over 50% of unit employees give dated authorization signatures, the Board certifies the union without holding an election.

Transfer certain jobs between unions

Two or more certified unions can file a joint petition to move specific positions from one unit to another. The petition must include uncoerced signatures from at least 30% of workers in the positions to be moved. The Board decides if the target unit is appropriate. If appropriate, the Board may deny the petition or hold an election of only the affected workers, and a majority decides whether to stay or transfer.

Union election ballots, runoffs, and wait

Election ballots list the petitioning or certified union and any other union that shows at least 10% written support. Ballots also include an option for no named union. If there are more than two choices and no choice wins a majority, a run‑off is held between the top two. No new representation election can be held within 12 months of a valid prior election.

When workers can decertify unions

A decertification petition must have uncoerced signatures from at least 30% of unit workers and say the union is no longer the majority choice. If a contract of up to three years is in place, you can file only 180 to 120 days before it ends. For school units, you can also file after one year since certification if no agreement was signed. For other public employees, that one‑year/no‑agreement path is allowed only after mediation and fact‑finding are invoked and completed.

Who belongs in each bargaining unit

The Board sets bargaining units using community‑of‑interest factors like duties, skills, and working conditions. School units created after July 18, 1990 must separate supervisors and non‑supervisors; public units created after September 23, 1994 exclude supervisors. Extra‑pay‑for‑responsibility jobs are in the professional unit only for salary and any items both sides agree to. The Board makes rules for redefining units and may delegate initial unit‑definition decisions, with Board review on request. Older units stay in place unless challenged during set windows: 180–120 days before the applicable contract expires, or up to 30 days before an election if no certified representative.

Sponsors & Cosponsors

Sponsor

  • Bryan Townsend

    Democratic • Senate

Cosponsors

  • Frank Burns

    Democratic • House

  • Larry Lambert

    Democratic • House

  • Eric Morrison

    Democratic • House

  • Edward S. Osienski

    Democratic • House

  • Claire Snyder-Hall

    Democratic • House

  • Laura V. Sturgeon

    Democratic • Senate

  • John "Jack" Walsh

    Democratic • Senate

  • Madinah Wilson-Anton

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 40 • No: 18

House vote 6/26/2025

Passed (SM required)

Yes: 26 • No: 12

Senate vote 5/20/2025

Passed (SM required)

Yes: 14 • No: 6

Actions Timeline

  1. Signed by Governor

    9/2/2025Governor
  2. Passed By House. Votes: 26 YES 12 NO 2 ABSENT 1 VACANT

    6/26/2025House
  3. Reported Out of Committee (Labor) in House with 3 Favorable, 5 On Its Merits

    6/10/2025House
  4. Assigned to Labor Committee in House

    5/21/2025House
  5. Passed By Senate. Votes: 14 YES 6 NO 1 ABSENT

    5/20/2025Senate
  6. Reported Out of Committee (Labor) in Senate with 6 Favorable

    5/14/2025Senate
  7. Introduced and Assigned to Labor Committee in Senate

    5/7/2025Senate

Bill Text

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