CHAPTER 164

FORMERLY

SENATE BILL NO. 184

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC EMPLOYMENT RELATIONS ACT.

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

Section 1. Amend §1310, Title 19 of the Delaware Code by appending a new subsection thereto to read:

"(g)(1) Two or more certified exclusive representatives of the same public employer may file a joint petition to transfer certain positions between their units. Said joint petition shall be accompanied by the uncoerced signatures of at least 30% of the public employees in the positions sought to be transferred, indicating a desire to be represented by the proposed new representative for the purpose of collective bargaining.

(2) The Board shall make a determination as to the appropriateness of the bargaining unit into which the public employees are to be transferred. If the Board determines that the bargaining unit into which the employees are to be transferred is not appropriate, the joint petition shall be denied and the status quo anti shall remain. If the Board determines that the bargaining unit is appropriate the Board shall hold an election on such joint petition to transfer in which only the public employees in each position who would be transferred shall be entitle to vote. The election ballot shall contain two options; (A) continue to be represented by the present exclusive bargaining representative, or (B) transfer to the proposed exclusive bargaining representative who shall be named.

(0) The exclusive bargaining representative that receives the majority of the votes of those voting in the elections shall be declared the exclusive bargaining representative for those positions."

Approved July 9, 1997