SB 280 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LABOR PEACE AGREEMENTS AND MEDICAL MARIJUANA.

Summary

This Act requires medical marijuana compassion centers and safety compliance facilities that have 20 or more employees to have a labor peace agreement with 1 more bona fide labor organizations. This Act defines "labor peace agreement" as an agreement between an employer and a labor organization that, at a minimum, includes all of the following: 1. Prohibits the labor organization and members from engaging in picketing, work stoppages, boycotts, or any other economic interference with the business of the employer. 2. Prohibits the employer from disrupting efforts by the bona fide labor organization to communicate with and attempt to organize and represent employees. 3. Provides the labor organization access at reasonable times to areas in which the employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.

Bill Text

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This bill requires medical marijuana compassion centers and safety compliance facilities with 20 or more employees to enter into labor peace agreements with bona fide labor organizations.

• § 4902A

  (12) “Labor peace agreement” means an agreement between a labor organization and a registered compassion center or registered safety compliance facility employer that, at a minimum, includes all of the following: a. Prohibits the labor organization and members from engaging in picketing, work stoppages, boycotts, or any other economic interference with the business of the employer. b. Prohibits the employer from disrupting efforts by the labor organization to communicate with and attempt to organize and represent employees. c. Provides the labor organization access at reasonable times to areas in which the employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.

  It introduces a definition for 'labor peace agreement' and outlines its minimum contents.

• § 4914A

  (8)a. If the applicant has 20 or more employees, a copy of a labor peace agreement, as required under § 4919A(y) of this title, or an attestation that the applicant will enter into a labor peace agreement and submit a copy of the completed labor peace agreement. → (8)a. If the applicant has 20 or more employees, a copy of a labor peace agreement, as required under § 4919A(y) of this title, or an attestation that the applicant will enter into a labor peace agreement and submit a copy of the completed labor peace agreement. b. If the applicant has under 20 employees, an attestation that the applicant will enter into a labor peace agreement as required under § 4919A(y) of this title within 60 days of hiring a twentieth employee and submit a copy.

  It specifies documentation requirements for compassion centers regarding labor peace agreements based on employee count.

• § 4915A

  (7)a. If the applicant has 20 or more employees, a copy of a labor peace agreement, as required under § 4919A(y) of this title, or an attestation that the applicant will enter into a labor peace agreement and submit a copy of the completed labor peace agreement. → (7)a. If the applicant has 20 or more employees, a copy of a labor peace agreement, as required under § 4919A(y) of this title, or an attestation that the applicant will enter into a labor peace agreement and submit a copy of the completed labor peace agreement. b. If the applicant has under 20 employees, an attestation that the applicant will enter into a labor peace agreement as required under § 4919A(y) of this title within 60 days of hiring a twentieth employee and submit a copy.

  It clarifies the requirements for safety compliance facilities to provide documentation related to labor peace agreements based on employee count.

• § 4919A

  If a registered compassion center or registered safety compliance facility has 20 or more employees and is not a signatory to a valid and binding collective bargaining agreement covering the terms and conditions of employment for all employees, the registered compassion center or registered safety compliance facility must enter into and abide by the terms of a labor peace agreement with 1 or more labor organizations. → If a registered compassion center or registered safety compliance facility has 20 or more employees and is not a signatory to a valid and binding collective bargaining agreement covering the terms and conditions of employment for all employees, the registered compassion center or registered safety compliance facility must enter into and abide by the terms of a labor peace agreement with 1 or more labor organizations.

  It establishes a requirement for compassion centers and safety compliance facilities with 20 or more employees to have labor peace agreements if they lack existing collective bargaining agreements.

Action History

1. October 07, 2022

   Signed by Governor

2. June 29, 2022

   Passed By House. Votes: 32 YES 9 NO

3. June 15, 2022

   Reported Out of Committee (Health & Human Development) in House with 2 Favorable, 6 On Its Merits

4. June 02, 2022

   Assigned to Health & Human Development Committee in House

5. May 19, 2022

   Passed By Senate. Votes: 14 YES 7 NO

6. May 18, 2022

   Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 1 On Its Merits

7. May 03, 2022

   Introduced and Assigned to Health & Social Services Committee in Senate

Sponsors

• Kyle Evans Gay · Cosponsor
• Edward S. Osienski · Primary
• Marie Pinkney · Cosponsor
• John "Jack" Walsh · Cosponsor
• Sean M. Lynn · Cosponsor
• Eric Morrison · Cosponsor
• Kimberly Williams · Cosponsor
• John A. Kowalko · Cosponsor
• Paul S. Baumbach · Cosponsor
• Sarah McBride · Primary

Votes

Subjects