CHAPTER 376

AN ACT DEFINING THE RELATIONSHIP BETWEEN CHAPTER 59, TITLE 29, DELAWARE CODE, ESTABLISHING THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION FOR THE EMPLOYEES OF THE STATE, AND CHAPTER 13, TITLE 19, DELAWARE CODE, RECOGNIZING THE RIGHT OF PUBLIC EMPLOYEES TO ORGANIZE, BY AMENDING CHAPTER 59, TITLE 29, DELAWARE CODE, AND REPEALING SECTION 1312, CHAPTER 13, TITLE 19, DELAWARE CODE.

Whereas, the statute establishing the merit system of personnel administration for the employees of the state (Chapter 59, Title 29, Delaware Code) did not expressly define its relationship to the statute recognizing the right of public employees to organize (Chapter 13, Title 19, Delaware Code); and

Whereas, it is in the public interest to resolve any potentially inharmonious or inconsistent areas in order to insure the appropriate functioning of each statute with due regard to the other;

Now, therefore,

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

Section 1. Chapter 59, Title 29, Delaware Code, is amended by designating the first paragraph of § 5901 as (1) and adding a new paragraph (2) to read as follows:

(2) The meaning given to a term used in Chapter 13, Title 19, Delaware Code, shall be given to the same term used in this chapter.

Section 2. Chapter 59, Title 29, Delaware Code, is amended by striking § 5902 and inserting in lieu thereof a new § 5902 to read as follows:

§ 5902. General purpose

The general purpose of this chapter is to establish for the state a system of personnel administration based on merit principles and scientific methods governing the employees of the state in the classified service, consistent with the right of public employees to organize under Chapter 13, Title 19, Delaware Code.

Section 3. Chapter 59, Title 29, Delaware Code, is amended by adding the following after the word "chapter" in § 5907: "and consistent with the right of public employees to organize under Chapter 13, Title 19, Delaware Code."

Section 4. Chapter 59, Title 29, Delaware Code, is amended by adding the following after the word "chapter" in § 5911: "and consistent with the right of public employees to organize under Chapter 13, Title 19, Delaware Code."

Section 5. Chapter 59, Title 29, Delaware Code, is amended by striking the last sentence of § 5916 and inserting in lieu thereof the following sentence: "Nothing shall be contained in the pay plan except the salary and wage schedule, and each employee in the classified service shall be paid at the rate set forth in the pay plan for his position classification."

Section 6. Chapter 59, Title 29, Delaware Code, is amended by striking Section 5931 and by designating Section 5932 as Section 5934, Section 5933 as Section 5935, Section 5934 as Section 5936 and Section 5935 as Section 5937, and by inserting a new Section 5931, Section 5932, and Section 5933 to read as follows:

§ 5931. Grievances

The rules shall provide for the establishment of a plan for resolving employee grievances and complaints.

§ 5932. Work schedules

The rules shall provide for work schedules, call-in, and attendance regulations, rest periods, and leaves of absence without pay.

§ 5933. Leaves

The rules shall provide for annual, sick and special leaves of absence, with pay or at reduced pay.

Section 7. Chapter 59, Title 29, Delaware Code, is amended by adding a new § 5938 to read as follows:

§ 5938. Collective bargaining

(a) Except as expressly provided in subsection (c), nothing contained in this chapter or in the rules shall deny, limit or infringe upon the right of any employee in the classified service or any exclusive bargaining representative under Chapter 13, Title 19, Delaware Code.

(b) Except as expressly provided in subsection (c), nothing contained in this chapter or in the rules shall deny, limit or infringe upon any collective bargaining agreement or the authority and duty of the state or any agency thereof to engage in collective bargaining with the exclusive bargaining representative under Chapter 13, Title 19, Delaware Code.

(c) The rules adopted or amended by the Commission under the following sections shall apply to any employee in the classified service represented by an exclusive bargaining representative or covered by a collective bargaining agreement under Chapter 13, Title 19, Delaware Code: Sections 5915, 5916, 5917, 5918, 5919, 5920, 5921, 5933, 5935 and 5937.

(d) The rules adopted or amended by the Commission tinder the following sections shall not apply to any employee in the classified service represented by an exclusive bargaining representative to the extent the subject thereof is covered in whole or in part by a collective bargaining agreement under Chapter 13, Title 19, Delaware Code: Sections 5922, 5923, 5924, 5925, except where transfer is between agencies or where change is made in classification or pay grade, 5926, 5927, 5928 except where an employee laid off by one agency is re-employed by another, 5929, 5930, 5931, 5932, 5934 and 5936.

() The Director and the Commission shall meet with the exclusive bargaining representative at reasonable times to negotiate in good faith with respect to any rule to be adopted or amended under Sections 5915, 5916, 5917, 5918, 5919, 5920, 5921, 5933, 5935, 5937 and, to the extent the subject thereof is not covered in whole or in part by a collective bargaining agreement under Chapter 13, Title 19, Delaware Code, Sections 5922, 5923, 5924, 5925, 5926, 5927, 5928, 5929, 5930, 5931 5932, 5934 and 5936.

Section 8. Chapter 59, Title 29, Delaware Code, is amended by adding after the word "suit" in the first sentence of § 5934 (a) the words "to enforce any provision of this chapter or"

Section 9. Chapter 59, Title 29, Delaware Code, is amended in § 5949 by designating subsection (b) as subsection (d), by designating subsection (c) as subsection (b), and by adding a new subsection (c) to read as follows:

(c) Whenever the provisions of subsection (a) or (b) conflict with any collective bargaining agreement, or whenever any collective bargaining agreement is exclusive with respect to matters the subject thereof, the collective bargaining agreement shall apply and shall be followed.

Section 10. Chapter 13, Title 19, Delaware Code, is amended by striking Section 1312 and designating Section 1313 as Section 1312.

Approved July 1, 1968.