Title 19, Labor

§ 1602. Definitions [For application of this section, see 83 Del. Laws, c.146, §§ 2, 3]. As used in this chapter: (1) “Appropriate bargaining unit” or “bargaining unit” means a group of police officers or firefighters designated by the Public Employment Relations Board as appropr…

§ 1603. Employee rights. Employees shall have the right to: (1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation to pay any dues, fees, assessments or other charges to, an employee organization shall not be required as a cond…

§ 1604. 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 …

§ 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…

§ 1701. Short title. This chapter may be cited as the “Delaware Whistleblowers’ Protection Act.”74 Del. Laws, c. 361, § 1;

§ 1702. Definitions. As used in this chapter: (1) “Employee” means a person employed full or part-time by any employer, and shall include, but not be limited to, at-will employees, contract employees, independent contractors, and volunteer firefighters as defined in § 6651(c) of …

§ 1703. Protection. An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment, including reporting or threatening to report an employee’s suspected or ac…

§ 1704. Relief and damages. (a) A person who alleges a violation of this chapter may bring a civil action for appropriate declaratory relief, or actual damages, or both within 3 years after the occurrence of the alleged violation of this chapter. (b) An action commenced pursuant …

§ 1705. Collective bargaining. This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement.74 Del. Laws, c. 361, § 1;

§ 1706. Exemption. This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with § 1703 of this title.74 Del. Laws, c. 361, § 1;

§ 1707. Notices requirement. An employer shall post notices and use other appropriate means to keep the employer’s employees informed of their protections and obligations under this chapter.74 Del. Laws, c. 361, § 1; 70 Del. Laws, c. 186, § 1;

§ 1708. Burden of proof. The burden of proof in any action brought under this chapter shall be upon the employee to show that the primary basis for the discharge, threats, or discrimination alleged to be in violation of this chapter was that the employee undertook an act protecte…

§ 1801. Short title. This chapter may be known and cited as the “Volunteer Emergency Responders Job Protection Act.”79 Del. Laws, c. 180, § 1;

§ 1802. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Employer” means any person employing 10 or more employees; and (2) “Volunteer emergency responder” means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, …

§ 1803. Employer; prohibited acts. (a) No employer shall terminate, demote or take any other disciplinary action against any employee who is a volunteer emergency responder if: (1) Such employee, when acting as a volunteer emergency responder, is absent from the employee's place …

§ 1804. Employer; adjustments to wages authorized. An employer may subtract from an employee’s earned wages any time such employee is away from that employee's place of employment for reason described in § 1803 of this title.79 Del. Laws, c. 180, § 1; 70 Del. Laws, c. 186, § 1; 8…

§ 1805. Employee; duty to notify employer. An employee shall notify the employee's employer, in accordance with the existing policies of the employer if such policy exists, that the employee may be absent from the employee's place of employment upon the occurrence of an event des…

§ 1806. Employee; provide written statement; contents. (a) At an employer’s request, an employee, acting as a volunteer emergency responder, who is absent from that employee’s place of employment in order to respond to an emergency shall provide the employee’s employer, within 7 …

§ 1807. Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act. An employee who is terminated or against whom any disciplinary action is taken in violation of this chapter shall be immediately reinstated to that employee’s former position,…

§ 1808. Substantially similar employment policies. The provisions of this chapter shall not apply to an employer if such employer has substantially similar policies or rules that provide the same or substantially similar protections as are afforded in this chapter to an employee …

§ 1901. Short title. This chapter shall be known and may be cited as the “Delaware Worker Adjustment and Retraining Notification Act.” 81 Del. Laws, c. 312, § 1;

§ 1902. Statement of purpose. This chapter is intended to direct employers that meet the qualifications of this chapter to provide at least 60 days’ advance notice to the Department of Labor Division of Employment and Training of mass layoffs, plant closings, or relocations. The …

§ 1903. Definitions. (a) For purposes of this chapter: (1) “Affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed mass layoff, plant closing or relocation by their employer. (2) “Days” means calendar day…

§ 1904. Notice. (a) An employer may not order a mass layoff, plant closing, or relocation if the mass layoff, plant closing, or relocation will cause an employment loss unless, at least 60 days before the order takes effect, the employer gives written notice of the order to all o…

§ 1905. Exceptions. (a) In the case of a mass layoff, plant closing or relocation, an employer is not required to comply with the notice requirements of this chapter under any of the following circumstances: (1) a. At the time the notice would have been required, the employer was…

§ 1906. Extension of mass layoff period. A mass layoff of more than 6 months which, at its outset, was announced to be a mass layoff of 6 months or less shall be treated as an employment loss under this chapter unless the following: (1) The extension beyond 6 months is caused by …

§ 1907. Determinations with respect to employment loss. An employer must also give notice if the number of employment losses which occur during a 30-day period fails to meet the threshold requirement of a mass layoff or plant closing, but the number of employment losses of 2 or m…

§ 1908. Powers of the Secretary. (a) The Secretary shall prescribe such rules and regulations as may be necessary to carry out this chapter. The regulations shall, at a minimum, include provisions that allow the parties access to administrative hearings for any actions of the Dep…

§ 1909. Violation; liability. (a) An employer who fails to give notice as required by this chapter before ordering a mass layoff, plant closing, or relocation if any of the above will cause an employment loss is liable to each employee entitled to notice who lost employment for t…

§ 1910. Civil penalty. (a) An employer who fails to give notice as required by this chapter is subject to a civil penalty of $1,000 per day of violation or $100 per day of violation per dislocated worker, whichever is greater. The employer is not subject to a civil penalty under …