Title 19, Labor

§ 1605. 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 standards of …

§ 1606. 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 rules and regulations which it shall adopt and publish.65 Del. Laws, c. 477, § 1;

§ 1607. Unfair labor practices — Enumerated. (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 …

§ 1608. Unfair labor practices — Disposition of complaints. (a) The Public Employment Relations Board is empowered and directed to prevent any unfair labor practice described in § 1607(a) and (b) of this title and to issue appropriate remedial orders. Whenever it is charged that …

§ 1609. Unfair labor practices — Appeals; petitions for enforcement. (a) Any person or party adversely affected by a decision of the Board under § 1608 or § 1615 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 day…

§ 1610. 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 percent of the public employees in the unit claimed to be appr…

§ 1611. 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…

§ 1612. 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 a…

§ 1613. 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 certificat…

§ 1614. 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…

§ 1615. Binding interest arbitration. (a) Within 7 working days of receipt of a petition or recommendation to initiate binding interest 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 par…

§ 1616. Strikes prohibited. (a) No public employee shall strike while in the performance of the public employee’s 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 d…

§ 1617. Injunctions. (a) Chancery Court is vested with the authority to hear and determine all actions alleging violation of § 1616 of this title. Suits to enjoin violations of § 1616 of this title will have priority over all matters on the Court’s docket except other emergency m…

§ 1618. 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 the effective date of this chapter shall so continue without the requirement of an election…

§ 1621. Definitions [Effective upon enactment of comparable federal law]. As used in this subchapter the term “employee” shall not include a firefighter or a member of a rescue squad during the period in which the firefighter or rescue squad member volunteers the firefighter’s or…

§ 1622. Waiver of overtime compensation [Effective upon enactment of comparable federal law]. The employer of a firefighter or member of a rescue squad shall not be required to pay a firefighter or member overtime compensation: (1) When the firefighter or member volunteered their…

§ 1623. Coercion [Effective upon enactment of comparable federal law]. No employer may require directly or indirectly an employee who is a firefighter or member of a rescue squad to volunteer the employee’s firefighting or rescue squad services during any period in which such emp…