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 Back | 144th General Assembly
House Bill # 283 |
| Primary Sponsor: | Spence | Additional Sponsor(s): Rep. Mulrooney & Sen. Marshall & Sen. Connor |
| CoSponsors: | Reps. Cathcart, Lofink, Maier, Manolakos, Miro, Oberle, Wagner, Brady, Carson, Ewing, Gilligan, Hall-Long, Johnson, Keeley, Kowalko, Longhurst, M Marshall, McWilliams, Mitchell, Plant, Schooley, Schwartzkopf, B. Short, Viola, Walls, Williams; Sen. Blevins, Bunting, Cook, DeLuca, Ennis, Henry, McBride, McDowell, Peterson, Cloutier |
| Introduced on : | 01/09/2008 | |
| Long Title: | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT. |
| Synopsis: | This Bill adds a new provision to the Public School Employment Relations Act to provide a procedure for more effective dispute resolution procedures for issues that arise in negotiating a collective bargaining agreement. Under the current law, there are provisions for fact-finding. However, the finding of facts and the fact-finder’s recommendations are not binding. The public school employees and the public school employer can ignore the recommendations. Without a final and binding dispute resolution procedure, negotiations become a matter of who can hold out the longest. As public school employees are prohibited from striking, they do not have an effective way to combat the public school employer’s tactic of ignoring the recommendations of the fact-finder. This does not serve the public interest in having the terms and conditions of employment resolved in an efficient and fair manner and allow collective bargaining to affect the morale and level of service to the public. With the more effective dispute resolution procedure provided by this bill, both the parties will have a much greater incentive to arrive at a voluntary agreement. The bill provides that the decision of the interest arbitrator is to be adopted in its entirety by the Public Employment Relations Board. This will allow an appeal of the decision just as if it is any other order of the Public Employment Relations Board to the Court of Chancery. The decision would be reviewed as any other agency hearing decision on the basis of being either contrary to law or not supported by substantial evidence. The 140th General Assembly passed similar legislation amending the Public Employment Relations Act and Police Officers’ and Firefighters’ Employment Relations Act to replace advisory fact-finding with binding interest arbitration.
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| Amendments: |
HA 1 to HB 283 - Stricken
HA 2 to HB 283 - Passed
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| Committee Reports: |
House Committee Report 01/10/08 F=5 M=0 U=0---->
Senate Committee report 03/12/08 F=0 M=4 U=0-----> |
| Voting Reports: |
House vote: () Passed 1/22/08 4:20:23 PM------->
Senate vote: () Passed 3/13/08 5:01:11 PM-------> |
| Engrossed Version: |
Engrossment-------> |
Actions History:
| Mar 20, 2008 - Signed by Governor
Mar 13, 2008 - Passed by Senate. Votes: 19 YES 1 NO 0 NOT VOTING 1 ABSENT
Mar 12, 2008 - Reported Out of Committee (LABOR & INDUSTRIAL RELATIONS) in Senate with 4 On Its Merits
Mar 11, 2008 - Assigned to Labor & Industrial Relations Committee in Senate
Jan 22, 2008 - Passed by House of Representatives. Votes: 40 YES 0 NO 0 NOT VOTING 1 ABSENT
Jan 22, 2008 - Amendment HA 2 - Passed in House by Voice Vote
Jan 22, 2008 - Amendment HA 1 - Stricken
Jan 17, 2008 - Amendment HA 1 - Introduced and Placed With Bill
Jan 16, 2008 - Amendment HA 2 - Introduced and Placed With Bill
Jan 10, 2008 - Reported Out of Committee (LABOR) in House with 5 Favorable
Jan 09, 2008 - Introduced and Assigned to Labor Committee in House
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