CHAPTER 103

FORMERLY

HOUSE BILL NO. 58

AN ACT TO AMEND CHAPTER 59 OF TITLE 29 OF THE DELAWARE CODE RELATING TO GRIEVANCES.

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

Section 1. Amend § 5931 by adding a new subsection “(c)” as follows:

“(c) No State employee shall be discharged, threatened or otherwise retaliated against with respect to the terms or conditions of their employment due to the exercise of their rights under the grievance and complaint procedure established under subsection (a).

(1) An employee who alleges a violation of this subsection may file a written complaint directly to the State Personnel Office. The employee and the Director or designee may agree to meet and attempt an informal resolution of the complaint, and/or the Director or designee shall hear the complaint and issue a written decision within forty-five (45) days of the complaint’s receipt. Such decision shall be final and binding on the employee’s Appointing Authority.

(2) Where such decision finds that an individual engaged in conduct prohibited by this subsection, the Appointing Authority shall initiate appropriate disciplinary action consistent with that decision.

(3) If the complainant employee is not satisfied with the Director or designee’s decision, the employee may submit a written appeal to the Merit Employee Relations Board (MERB) within twenty (20) calendar days of receipt of that decision. Such appeal shall be handled and processed in the same manner as other appeals heard by the MERB.”.

Approved July 7, 2005