AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO WORKERS' RIGHTS.

Plain English Breakdown

The effective date is unknown because voter approval and a second legislative vote are required before this becomes law.

HB234: Proposed Amendment on Workers' Rights in Delaware

This bill proposes adding a new section to the Delaware Constitution that gives employees the right to form groups and negotiate with employers about pay, hours, working conditions, economic welfare, and safety.

What This Bill Does

• Creates a fundamental right for all employees to organize into groups of their own choosing.
• Allows workers to bargain collectively over wages, work hours, working conditions, economic welfare, and workplace safety.
• Prohibits any law that interferes with or reduces the ability of employees to negotiate these terms.
• Bans laws that stop employers from requiring union membership as a condition for employment in agreements between them and labor organizations.

Who It Names or Affects

• All employees working within the state of Delaware.
• Employers who hire workers in Delaware.
• Labor organizations representing employees.

Terms To Know

Constitutional Amendment

A change to the state's main law document that requires approval from voters and special votes by lawmakers in two different sessions.

Collective Bargaining

The process where a group of workers negotiates with an employer as one unit instead of individually.

Limits and Unknowns

• This bill is only the first step; it cannot become part of the Constitution until the next General Assembly passes a matching law.
• The text does not state when this amendment would take effect if approved by voters in the future.

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO WORKERS' RIGHTS.
This Act is the first leg of a constitutional amendment that would establish a fundamental right for all employees to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work.
This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Burns & Rep. Morrison & Rep. Osienski & Sen. Walsh

Reps. Gorman, Lambert

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 234

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO WORKERS' RIGHTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article I of the Delaware Constitution by making insertions as shown by underline as follows:

§ 22. Workers’ rights.

Employees have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. No law may be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and workplace safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment.

SYNOPSIS

This Act is the first leg of a constitutional amendment that would establish a fundamental right for all employees to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution.