Sec. 2-177. - Right to organize.
Sec. 2-179. - Bargaining unit.
Sec. 2-180. - Election to determine representation.
Sec. 2-181. - Certification of exclusive bargaining representative.
Sec. 2-182. - Failure to obtain majority of votes.
Sec. 2-184. - Public employer to bargain collectively.
Sec. 2-185. - Submission of dispute to Department of Labor or arbitration.
Sec. 2-186. - Payroll deduction for dues.
Sec. 2-187. - Right to strike prohibited.
Secs. 2-188—2-200. - Reserved.
As used in this chapter [division]:
(1)
"Public employer" means:
a.
The State or any agency thereof;
b.
Any county of the State, or any agency thereof;
c.
Any municipal corporation, municipality, city or town located within the State or any agency thereof which, upon the affirmative legislative act of its common council or other governing body, elects to come within this chapter [division], or which employs 100 or more full-time public employees.
(2)
"Public employee" means any employee of a public employer except:
a.
Any person elected by popular vote or appointed to office by the Governor.
b.
Any employee of a public school system of the State as defined in 14 Del. C. ch. 40 (14 Del. C. § 4001 et seq.).
c.
Any municipal corporation, municipality, city or town located within the State or any agency thereof which, upon the affirmative legislative act of its common council or other governing body, elects to come within this chapter [division].
d.
All police officers and firefighters employed by the State or political subdivisions of the State or any agency thereof, any county or any agency thereof, or any municipal corporation, municipality, city or town located within the State or any agency thereof which, upon the affirmative legislative act of its common council or other governing body, has elected to come within this chapter [division], or which hereafter elects to come within 19 Del. C. ch. 16 (19 Del. C. § 1601 et seq.). All police officers and firefighters included in this subsection shall be subject to 19 Del. C. ch. 16 (19 Del. C. § 1601 et seq.).
(3)
"Employment relations" means matters concerning wages, salaries, hours, vacations, sick leave, grievance procedures and other terms and conditions of employment.
(4)
"Bargaining representative" means any lawful organization which has as a primary purpose the representation of public employees in their employment relations with the public employer.
(5)
"Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith and to execute a written agreement with respect to employment relations, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession, unless otherwise provided in this chapter [division].
(6)
"Department" means the Department of Labor.
State law reference— Similar provisions, 19 Del. C. § 1301.
Sec. 2-177. - Right to organize.
The right of public employees freely to organize and designate representatives of their own choosing for the purpose of collective bargaining with public employers shall not be denied.
State law reference— Similar provisions, 19 Del. C. § 1302.
No public employer, or other person, directly or indirectly, shall interfere with, restrain, coerce, or discriminate against any public employee in the free exercise of any right under this chapter [division].
State law reference— Similar provisions, 19 Del. C. § 1303.
Sec. 2-179. - Bargaining unit.
The department, after hearing upon reasonable notice, shall decide in each case the unit appropriate for the purpose of collective bargaining. In determining, modifying or combining the bargaining unit, the department shall consider the duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the employees; and the desire of the public employees.
State law reference— Similar provisions, 19 Del. C. § 1304.
Sec. 2-180. - Election to determine representation.
(a)
Where there is no exclusive bargaining representative certified for a bargaining unit, the department shall, upon the request of a bargaining representative showing written proof of at least thirty (30) per cent representation of the public employees within the unit, hold an election by secret ballot to determine representation. The ballot shall contain the name of any bargaining representative showing written proof of at least ten (10) per cent representation of the public employees within the unit and, in every instance, a provision for a marking of no representation.
(b)
Where there is an exclusive bargaining representative certified for a bargaining unit, the department shall, upon the written petition of at least thirty (30) per cent of the public employees within the unit, hold an election by secret ballot to determine representation, except that no election shall be held within one year of the certification of an exclusive bargaining representative. The ballot shall contain the name of any bargaining representative showing written proof of at least ten (10) per cent representation of the public employees within the unit and, in every instance, a provision for a marking of no representation.
State law reference— Similar provisions, 19 Del. C. § 1305.
Sec. 2-181. - Certification of exclusive bargaining representative.
The bargaining representative receiving the majority of all votes cast by the public employees within a bargaining unit upon any election held under this chapter [division], shall be certified by the department as the exclusive bargaining representative of all the public employees within the unit; except that any public employee at any time may present his grievance to the public employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, provided that the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect and the exclusive bargaining representative has been given reasonable opportunity to be present.
State law reference— Similar provisions, 19 Del. C. § 1306.
Sec. 2-182. - Failure to obtain majority of votes.
(a)
In any election where there are more than 2 choices on the ballot and none of the choices receives a majority of the votes cast, a runoff election shall be conducted. The ballot in the runoff election shall contain the 2 choices on the original ballot that received the largest number of votes.
(b)
No election shall be held pursuant to this chapter [division] within 12 months from the date of a preceding valid election resulting in certification or noncertification of an exclusive bargaining unit.
State law reference— Similar provisions, 19 Del. C. § 1307.
The department shall have the power to make and revise or rescind such regulations as it may deem necessary or appropriate to administer the provisions of this chapter [division], and such regulations shall, except as may be otherwise provided by the department, take effect upon publication.
State law reference— Similar provisions, 19 Del. C. § 1308.
Sec. 2-184. - Public employer to bargain collectively.
The public employer shall have the authority to engage in collective bargaining with the exclusive bargaining representative and no public employer shall refuse to engage in collective bargaining with the exclusive bargaining repre- sentative.
State law reference— Similar provisions, 19 Del. C. § 1309.
Sec. 2-185. - Submission of dispute to Department of Labor or arbitration.
Upon the failure of the public employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute, except matters of wages and salaries, may be submitted by either party to the Department of Labor or, by agreement of the parties, to arbitration under 19 Del. C. ch. 1 (19 Del. C. § 101 et seq.).
State law reference— Similar provisions, 19 Del. C. § 1310.
Sec. 2-186. - Payroll deduction for dues.
Upon the written authorization of any public employee within a bargaining unit, the public employer shall deduct from the payroll of the public employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall deliver the same to the treasurer of the exclusive bargaining representative.
State law reference— Similar provisions, 19 Del. C. § 1311.
Sec. 2-187. - Right to strike prohibited.
No public employee shall strike while in the performance of his official duties.
State law reference— Similar provisions, 19 Del. C. § 1312.