Delaware lawmakers introduced two pro-worker bills aimed at making it easier for public employees to form and support unions.
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Senate Bill 25, led by Sen. Bryan Townsend and Rep. Ed Osienski, would allow public workers to form a union without a formal election if more than half sign a petition—making the process simpler and faster.
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House Bill 130, sponsored by Rep. Osienski and Sen. Dan Cruce, would ensure public employers regularly share accurate employee information with unions and let union members use work email and spaces for union-related discussions.
Supporters say the legislation aims to bolster collective bargaining at the state level amid changes to federal union policies. Both bills are backed by the Delaware State AFL-CIO and aim to give teachers, public servants, and other workers a stronger voice on the job.
Additional Information from Delaware Legislative Hall:
Sponsored by Senate Majority Leader Bryan Townsend and House Majority Whip Ed Osienski, Senate Bill 25 would simplify the burdensome process that State of Delaware employees must follow to certify the formation of a new public employee union.
Under current law, state employees wishing to collectively bargain for better wages and working conditions must first file a petition with the Public Employment Relations Board (PERB) with signatures from 30% of the workers who would be eligible for union membership.
Following a PERB hearing and additional opportunities for both sides to determine a final appropriate bargaining unit, current state law requires a majority of employees in that unit to vote in favor of certifying their union.
Under SB 25, public employees would be permitted to skip certification elections if more than 50% of the workers eligible for union membership sign a petition filed with the PERB, sometimes referred to as a card.
Card check certification is already permitted in several states including Maryland, Maine, Oregon and Illinois — all states with higher percentages of union affiliation than Delaware. In fact, research indicates that differences in union density between states and nations may be largely attributable to variances in rules around union elections.
House Bill 130, sponsored by Rep. Osienski and Sen. Dan Cruce, would further strengthen public employee unions by requiring public employers to routinely provide accurate and up-to-date information about bargaining union employees to the union that represents them.
HB 130 also would require public employers to permit union members to use their work-based email and publicly owned facilities to discuss collective bargaining, workplace grievances and other union matters, consistent with applicable policies and governmental operations.
Most of the data is currently provided by public employers — but it is often on an inconsistent, ad hoc basis that is not currently protected in state law.
