CHAPTER 404

FORMERLY

HOUSE SUBSTITUTE NO. 1

TO

HOUSE BILL NO. 541

AN ACT TO AMEND TITLE 14, CHAPTER 40 AND TITLE 19, CHAPTER 13, OF THE DELAWARE CODE RELATING TO THE RIGHT OF SCHOOL EMPLOYEES TO ORGANIZE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 4002(1), Chapter 40, Title 14, Delaware Code by striking said subsection and substituting in lieu thereof the following:

"(1) 'Public school employee' or 'employee' means any employee of a public school employer except public school administrators and confidential employees of a public school employer; provided the exclusive representative of designated appropriate bargaining units certified under Title 19 informs the Secretary of Labor, the Executive Director of the Board and the public school employer in writing, by certified mall, that it elects coverage under the provisions of this Chapter; or provided that an employee organization has submitted a petition on behalf of public school employees pursuant to Section 4010 or 4011 of this Chapter which includes a request to be covered under the provisions of this Chapter prior to the submission of a similar petition pursuant to Section 1304 or 1305 of Title 19.

Section 2. Amend Section 4002, Chapter 40, Title 14, Delaware Code by adding a new subsection (f), and re-lettering existing subsections as appropriate, which shall read:

"(f) 'Confidential employee' means any employee whose functional responsibilities or knowledge in connection with the issues involved in the collective bargaining process would make membership in an appropriate bargaining unit incompatible with the employee's official duties."

Section 3. Amend Section 4002, Chapter 40, Title 14, Delaware Code by adding a new subsection (p), and re-lettering existing subsections as appropriate, which shall read:

"(p) 'Supervisory employee' means any employee of a public school employer who has the authority, in the interest of the public school employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not merely routine or clerical in nature, but requires the use of independent judgment."

Section 4. Amend Section 4003(1), Chapter 40, Title 14, Delaware Code by striking said subsection and substituting in lieu thereof the following:

"(1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation, resulting from collective bargaining negotiations, to pay any dues, fees assessments or other charges to, an employee organization shall not be required as a condition of employment for certified professional school employees."

Section 5. Amend Section 4010(d), Chapter 40, Title 14, Delaware Code by adding to the end of the subsection as it appears the following:

The Board or its designee shall separate supervisory and non-supervisory employees into separate appropriate bargaining units for all units created subsequent to the effective date of this Act."

Section 6. Amend Section 1301 (2)(b) Chapter 13, Title 19, Delaware Code by striking said paragraph and substituting in lieu thereof the following:

"(b) Any employee of a public school system of the State as defined in Chapter 40, Title 14;"

Approved July 18, 1990.