Title 19 — Labor
26 chapters · 194 sections in this title.
19 Del. C. § 1301. Statement of policy.
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§ 1301. Statement of policy. It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between public employers and their employees and to protect the public by assuring the orderly and uninterrupted operations and …
19 Del. C. § 1302. Definitions.
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§ 1302. Definitions. (a) “Appropriate bargaining unit” or “bargaining unit” means a group of public employees designated by the Public Employment Relations Board as appropriate for representation by an employee organization for purposes of collective bargaining. (b) “Binding inte…
19 Del. C. § 1303. Public employee rights.
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§ 1303. Public employee rights. Public employees shall have the right to: (1) Organize, form, join or assist any employee organization except to the extent that such right may be affected by a collectively bargained agreement requiring the payment of a service fee as a condition …
19 Del. C. § 1304. Employee organization as exclusive representative.
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§ 1304. Employee organization as exclusive representative. (a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the …
19 Del. C. § 1305. Public employer rights.
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§ 1305. Public employer rights. A public employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public employer, its stand…
19 Del. C. § 1306. Public Employment Relations Board.
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§ 1306. Public Employment Relations Board. The Board, established by § 4006 of Title 14, known as the “Public Employment Relations Board,” shall be empowered to administer this chapter under the rules and regulations which it shall adopt and publish.69 Del. Laws, c. 466, § 1;
19 Del. C. § 1307. Unfair labor practices.
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§ 1307. Unfair labor practices. (a) It is an unfair labor practice for a public employer or its designated representative to do any of the following: (1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter. (2) …
19 Del. C. § 1308. Disposition of complaints.
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§ 1308. Disposition of complaints. (a) The Board is empowered and directed to prevent any unfair labor practice described in § 1307(a) and (b) of this title and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair pract…
19 Del. C. § 1309. Appeals; petitions for enforcement.
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§ 1309. Appeals; petitions for enforcement. (a) Any party adversely affected by a decision of the Board under § 1308 or § 1315 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the date upon which the decisi…
19 Del. C. § 1310. Bargaining unit determination.
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§ 1310. Bargaining unit determination. (a) An employee organization desiring to be certified as the exclusive representative shall file a petition with the Board, accompanied by the uncoerced signatures of at least 30% of the public employees in the unit claimed to be appropriate…
19 Del. C. § 1311. Determination and certification of exclusive representative.
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§ 1311. Determination and certification of exclusive representative. (a) Any employee organization seeking certification as exclusive representative in a designated appropriate bargaining unit shall file a petition with the Board. The petition must contain the uncoerced signature…
19 Del. C. § 1311A. Collective bargaining in the state service.
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§ 1311A. Collective bargaining in the state service. (a) Notwithstanding any other provision in this Code, exclusive representatives of the state merit employees, who are in the classified service and not working in higher education, shall collectively bargain in the units as det…
19 Del. C. § 1311B. Majority verification procedure.
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§ 1311B. Majority verification procedure. (a) Notwithstanding any other provision of this section, an employee organization may file a petition with the Board requesting certification as the exclusive representative of an appropriate bargaining unit based on a verification that o…
19 Del. C. § 1312. Employee organizations required to register and submit annual reports.
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§ 1312. Employee organizations required to register and submit annual reports. Every employee organization which has or seeks recognition as a representative of public employees under this chapter shall file with the Board a registration report, signed by its president or other d…
19 Del. C. § 1313. Collective bargaining agreements.
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§ 1313. Collective bargaining agreements. (a) Collective bargaining shall commence at least 90 days prior to the expiration date of any current collective bargaining agreement or in the case of a newly certified exclusive representative within a reasonable time after certificatio…
19 Del. C. § 1314. Mediation.
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§ 1314. Mediation. (a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed, the parties may voluntarily submit to mediation. If, however, no ag…
19 Del. C. § 1315. Binding interest arbitration.
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§ 1315. Binding interest arbitration. (a) Within 7 working days of receipt of a petition or recommendation to initiate binding arbitration, the Board shall make a determination, with or without a formal hearing, as to whether a good faith effort has been made by both parties to r…
19 Del. C. § 1316. Strikes prohibited.
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§ 1316. Strikes prohibited. (a) No public employee shall strike while in the performance of official duties. (b) No public employee shall be entitled to any daily pay, wages, reimbursement of expenses, benefits or any consideration in lieu thereof, for the days on which the emplo…
19 Del. C. § 1317. Injunctions.
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§ 1317. Injunctions. (a) Chancery Court is vested with the authority to hear and determine all actions alleging violations of § 1316 of this title. Suits to enjoin violations of § 1316 of this title will have priority over all matters on the Court’s docket except other emergency …
19 Del. C. § 1318. Status of existing exclusive representative.
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§ 1318. Status of existing exclusive representative. An employee organization that has been certified as the exclusive representative of a bargaining unit deemed to be appropriate prior to September 23, 1994, shall so continue without the requirement of an election and certificat…
19 Del. C. § 1319. Fair share fees.
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§ 1319. Fair share fees. (a) Where the provisions of a collective bargaining agreement so provide, a public employer shall deduct a fair share fee from each nonmember’s salary or wages and promptly transmit this amount to the exclusive representative. (b) As a precondition to the…
19 Del. C. § 1320. Bargaining unit information and access.
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§ 1320. Bargaining unit information and access. (a) Within 14 calendar days from the date of hire of a bargaining unit employee, a public employer must provide the following contact information of the bargaining unit employee to an exclusive representative in a secure format agre…