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AN ACT TO AMEND TITLE 19, DELAWARE CODE, BY ADDING A NEW CHAPTER AFTER CHAPTER 7 TO BE KNOWN AS CHAPTER 8 ENTITLED "PROTECTION OF EMPLOYEES RIGHTS" BY PROVIDING FOR THE PROTECTION OF THE INTERESTS OF EMPLOYEES AFFECTED WHEN THE STATE OF DELAWARE, ANY POLITICAL SUB-DIVISION THEREOF, BOARD, COMMISSION, OR ANY OTHER PUBLIC AGENCY OR INSTRUMENTALITY OF THIS STATE OPERATES OR TAKES OVER THE OPERATION OF ANY TRANSPORTATION SYSTEM BY RAIL, BUS OR OTHER CONVEYANCE NOW SERVING THE GENERAL PUBLIC.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 19, Delaware Code, is amended by adding a new Chapter after Chapter 7 to be known as Chapter 8 as follows:

CHAPTER 8. PROTECTION OF EMPLOYEES RIGHTS

§ 801. Definitions

As used in this Chapter--

"Authority" means the State of Delaware, any Political subdivision thereof, or any Board, Commission, Public Agency or Instrumentality thereof, which operates or takes over the operation of any Mass Transportation System within this State.

"Mass Transportation System" means transportation of the public by bus, rail, or any other means of conveyance serving the general public and moving under prescribed routes.

§ 802. Requirements Before Any Public Authority May Take Over and Operate Privately Owned Mass Transportation Systems

Before any authority, as defined in this Chapter, may acquire and operate any property of a privately owned Mass Transportation System, as defined in this Chapter, fair and equitable protective arrangements shall be made as determined by the Department of Labor and Industrial Relations of this State. Such protective arrangements shall include, without being limited thereto, such provisions as may be necessary to accomplish the following objectives:

(a) The preservation of all existing rights, privileges and benefits of all employees of the Mass Transportation System so taken over by any authority, as defined in this Chapter, under the then existing collective bargaining agreements between said Mass Transportation System and the employee thereof, or as may then be in existence, no matter how created or established, including the continuation of all pension rights and benefits of all such employees and their beneficiaries.

(b) The continuation of all collective bargaining in any and all situations wherein it existed at the time of such take over.

(c) The reasonable protection of all individual employees with respect to their employment, including priorities, seniorities and right to advancement.

(d) The assurances of employment of all the employees of such Mass Transportation System so acquired by any authority, as defined in this Chapter, including the priority of employment.

(e) Training and retraining programs of employees and managing personnel.

§ 803. Required Contract Provisions

The contract whereby any authority, as defined in this Chapter, acquires any property of a privately owned Mass Transportation System, as defined in this Chapter, shall specify, with particularity, the terms and conditions of all the protective arrangements as set out in § 802 of this Chapter, including all other protective arrangements which may be added thereto by the Department of Labor and Industrial Relations of this State.

§ 804. Determinations, by Whom and How Made

The Determinations to be made by the Department of Labor and Industrial Relations of this State shall be performed by the Director of Mediation Service of the Department of Labor and Industrial Relations, in accordance with such rules and regulations as said Department may from time to time establish.

Approved June 4, 1964.