Committee advances constitutional amendment to protect right to organize after contested debate

Mar 25, 2026

Representative Burns introduced HB 234 to amend the Delaware Constitution to affirmatively protect workers' right to organize; the Controller General warned the broadly written amendment could expand bargainable items and carry indeterminable, potentially significant fiscal impacts, while unions and advocacy groups argued both for and against the measure. The committee voted to circulate the bill for signatures.

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Representative Burns presented House Bill 234, a proposed amendment to Article I of the Delaware Constitution to affirmatively protect the right to organize and collectively bargain. Burns cited Illinois' 2022 amendment as precedent and urged the committee to move the measure to the floor. "This bill is an amendment to the Delaware State Constitution to affirmatively protect the right to organize," Burns said, adding that states that protect collective bargaining have seen growth in union participation.

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