Delaware Code Title 19 Sec. 802 – Requirements before any public authority may take over and operate …
Before any authority may acquire and operate any property of a privately owned mass transportation system, fair and equitable protective arrangements shall be made as determined by the Department of Labor of this State. Such protective arrangements shall include, without being limited thereto, such provisions as may be necessary to accomplish the following objectives:
(1) The preservation of all existing rights, privileges and benefits of all employees of the mass transportation system so taken over by any authority under the then existing collective bargaining agreements between said mass transportation system and the employee thereof no matter how created or established, including the continuation of all pension rights and benefits of all such employees and their beneficiaries.
(2) The continuation of all collective bargaining in any and all situations wherein it existed at the time of such takeover.
(3) The reasonable protection of all individual employees with respect to their employment, including priorities, seniorities and right to advancement.
(4) The assurances of employment of all the employees of such mass transportation system so acquired by any authority, including the priority of employment.
(5) Training and retraining programs of employees and managing personnel.
19 Del. C. 1953, § ?802; 54 Del. Laws, c. 304; 57 Del. Laws, c. 669, § ?9A;
Terms Used In Delaware Code Title 19 Sec. 802
- Authority: means the State, 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. See Delaware Code Title 19 Sec. 801
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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. See Delaware Code Title 19 Sec. 801
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302