CHAPTER 126

AN ACT RECOGNIZING THE RIGHT OF PUBLIC EMPLOYEES TO ORGANIZE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Part 1, Title 19, Delaware Code, is amended by adding a new Chapter 13 to read as follows:

CHAPTER 13. RIGHT OF PUBLIC EMPLOYEES TO ORGANIZE

§ 1301. Definitions

As used in this Chapter:

(a) "Public employer" means:

(1) the State of Delaware or any agency thereof ;

(2) any County of the State, or any agency thereof;

(3) 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 the provisions of this Chapter.

(b) "Public employee" means any employee of a public employer except (1) any person elected by popular vote or appointed to office by the Governor; (2) any certified professional employee of the public school system of the State.

(c) "Employment relations" means matters concerning wages, salaries,, hours, vacations, sick leave, grievance procedures and other terms and conditions of employment.

(d) "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.

(e) "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.

(f) "Department" means the Department of Labor and Industrial Relations.

§ 1302. 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.

§ 1303. Free exercise

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.

§ 1304. 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.

§ 1305. 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 30% 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 10% 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 30% of the public employees within the unit, hold an election by secret ballot to determine representation, except that no election shall be held within 1 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 10% representation of the public employees within the unit and, in every instance, a provision for a marking of no representation.

§ 1306. 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 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.

§ 1307. Failure to obtain majority of votes

In the event that no bargaining representative receives the majority of all votes cast by the public employees within a bargaining unit upon any election held under this Chapter, no election to determine representation within the unit shall be held within 1 year thereof.

§ 1308. Regulations

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, and such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.

§ 1309. 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 representative.

§ 1310. Submission of dispute to State Mediation Service 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 State Mediation Service or by agreement of the parties to arbitration under Chapter 1 of this Title.

§ 1311. 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.

§ 1312. Merit or personnel system exclusive

Whenever the procedures under the merit or personnel system established by statute or ordinance are exclusive with respect to matters otherwise comprehended by this Act, they shall apply and shall be followed.

§ 1313. Right to strike prohibited

No public employee shall strike while in the performance of his official duties.

Approved June 15, 1965.