CHAPTER 466
FORMERLY
SENATE BILL NO. 401
AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND CHAPTERS 13, TITLE 19 OF THE DELAWARE CODE RELATING TO THE RIGHT OF PUBLIC EMPLOYEES TO ORGANIZE FOR PURPOSES OF COLLECTIVE BARGAINING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 13. Title 19 of the Delaware Code, by striking said Chapter in its entirety and substituting in lieu thereof a new Chapter 13 which shall be known as the "Public Employment Relations Act" and shall read as follows:
"CHAPTER 13. PUBLIC EMPLOYMENT RELATIONS ACT §1301. Statement of policy.
It is the declared policy of the State and the purpose of this Chapter to promote harmonious and cooperative relationships between public employers and their employees and to protect the public by assuring the orderly and uninterrupted operations and functions of the public employer. These policies are best effectuated by:
(1) Granting to public employees the right of organization and
representation;
(2) Obligating public employers and public employee organizations
which have been certified as representing their public employees to enter into collective bargaining negotiations with the willingness to resolve disputes relating to terms and conditions of employment and to reduce to writing any agreements reached through such negotiations; and
(3) Empowering the Public Employment Relations Board to assist in
resolving disputes between public employees and public employers and to administer this Chapter.
§1302. Definitions.
(a) 'Appropriate bargaining unit' or 'bargaining unit' means a group
of public employees designated by the Public Employment Relations Board as appropriate for representation by an employee organization for purposes of collective bargaining.
(a) 'Board' means the Public Employment Relations Board established by §4006 of Title 14 and made applicable to this Chapter by §1306 of this Title.
(a) 'Certification' means official recognition by the Board, following a secret—ballot election, that an employee organization is the exclusive representative for all employees in an appropriate bargaining unit.
(b) 'Collective bargaining' means the performance of the mutual
obligation of a public employer through its designated representatives and the exclusive bargaining representative to confer and negotiate in good faith with respect to terms and conditions of employment, and to execute a written contract incorporating any agreements reached. However, this obligation does not compel either party to agree to a proposal or require the making of a concession.
(c) 'Confidential employee' means any employee whose essential job
function and advanced knowledge about the issues involved in collective bargaining would make it unduly burdensome for the employer to negotiate effectively if the employee were a member of an appropriate bargaining unit.
(f) 'Decertification' means the withdrawal by the Board of an employee organization's official designation as exclusive representative
following a decertification election which shows that the exclusive representative no longer has the support of a majority of the members in an appropriate bargaining unit.
(a) 'Discretionary subject' means. for the State as an employer only any subject covered by Merit Rules which apply pursuant to 29 Del.0 §593R(c). and which Merit Rules have been waived by statute. •
(a) 'Employee organization' means any organization which admits to
membership employees of a public employer and which has as a purpose the representation of such employees in collective bargaining, and includes any person acting as an officer, representative or agent of said organization.
(I) 'Exclusive bargaining representative' or 'exclusive
representative' means the employee organization which as a result of certification by the Board has the right and responsibility to be the collective bargaining agent of all employees in that bargaining unit.
(j) 'Fact-finding' means the procedure by which a qualified impartial
third party shall make written findings of fact and recommendations for resolution of an impasse.
(a) 'Impasse' means the failure of a public employer and the exclusive bargaining representative to reach agreement in the course of collective bargaining.
(1) 'Mediation' means an effort by an impartial third party
confidentially to assist In reconciling an impasse between the public employer and the exclusive bargaining representative regarding terms and conditions of employment.
(m) 'Public employee' or '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 person who is a prisoner or inmate or who is otherwise held in lawful custody by an agency of the State; (3) any person appointed to serve on a board or commission; (4) any employee LE__defitted in Chapter 40 of Title 14 of a public_school employer. as defined in Chapter 40 of Title 14• (5) any police officers and firefighters emplgyed by the State 9r political subdivisions of the State or any agency thereof. or any municipal corporation.
municIpaltIy. city or town 10(00 within the State or any agency thereof whIth_ upon the affirmative_leatslative act_ of its common council or other aoverniD9 body, has_ elected to come within Chapter 16 of thi; chapter, or which hereafter elects to came itithin Cheater 16 of this title. Any Police officers And firefighters included in this
subsection shill _be_ subject to, Chapter 15 of this title: (6) Confidential_emplovees of the public employer: and (7) supervisory
employees of the public _employer. provided. however. that any
Supervisory Position in a baraaining unit deemed to he appropriate
uripr to the effective date of this Chapter shall so continue
unless said unit is decertified In Accordance with §1311(b) of
this Title or Is modified in accordance with procedures authorized
by 41310(e) of this Title.
(a) 'Public employer' or 'employer' means the State, any county of the State or any agency thereof, and/or 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 has elected to come within the former Chapter 13 of this title or which hereafter elects to come within this chapter, or which employs 100 or more full-time employees.
(a) 'Strike' means a public employee's failure, in concerted action
with others, to report for duty, or his or her willful absence from his or her position, or his or her stoppage or deliberate slowing down of work, or his or her withholding in whole or in part from the full, faithful and proper performance of his or her duties of employment, or his or her involvement In a concerted interruption of operations of a public employer for the purpose of inducing, influencing or coercing a
change in the conditions, compensation rights, privileges or
obligations of public employment; however, nothing shall limit or impair the right of any public employee to lawfully express or communicate a complaint or opinion on any matter related to terms and conditions of employment.
(p) 'Supervisory employee' means any employee of a public employer who has the authority, in the interest of the public employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such actions, if the exercise of such authority is not a merely routine or clerical nature, but requires the use of independent judgement.
(q) 'Terms and conditions of employment' means matters concerning or related to wages, salaries, hours, grievance procedures and working conditions; provided, however, that such term shall not include those
matters determtned by this Chapter or any other law of the State to
be within the exclusive prerogative of the public employer.
§1303. Public employee rights.
Public employees shall have the right to:
(1) Organize, form, join, or assist any employee organization except
to the extent that such right may be affected by a collectively bargained agreement requiring the payment of a service fee as a condition of employment.
(1) Negotiate collectively or grieve through representatives of their own choosing.
(2) Engage in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this Chapter or any
other law of the State.
(1) Be represented by their exclusive representative, if any, without discrimination.
§1304. Employee organization as exclusive representative.
(a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive
representative of all the employees in the unit for such purpose and
shall have the duty to represent all unit employees without
discrimination. Where an exclusive representative has been certified,
a public employer shall not bargain in regard to matters covered by this Chapter with any employee, group of employees or other employee organization.
(a) Nothing contained in this Section shall prevent employees
individually, or as a group, from presenting complaints to a public employer and from having such complaints adjusted without the intervention of the exclusive representative for the bargaining unit of which they are a part, as long as the representative is given an opportunity to be present at such adjustment and to make its view known, and as long as the adjustment IS not inconsistent with the terms of an agreement between the public employer and the exclusive representative which is then in effect. The right of the exclusive
representative shall not apply where the complaint involves matters
of personal, embarrassing and confidential nature, and the
complainant specifically requests, in writing, that the exclusive
representative not be present.
(b) 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 or service fee as certified by the secretary of the exclusive bargaining representative and shall deliver the same to the treasurer of the exclusive bargaining representative. Such authorization is revocable at the employee's
written request. Such deduction shall commence upon the exclusive
representative's written request to the employer. Such right to
deduction shall be in force for so long as the employee organization
remains the exclusive bargaining representative for the employees in
the unit. The public employer is expressly prohibited from any
involvement on the collection of fines, penalties or special
assessments levied on members by the exclusive representative. representative's written request to the employer.
§1305. Public employer rights.
A public employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public employer, its standards of services, overall budget, utilization of technology, the organizational structure and staffing levels, and the selection and direction of personnel.
§1306. Public Employment Relations Board.
The Board, established by §4006 of Title 14, known as the 'Public Employment Relations Board', shall be empowered to administer this Chapter under the rules and regulations which it shall adopt and publish.
§1307. Unfair labor practices.
(a) It is an unfair labor practice for a public employer or its
designated representative to do any of the following:
(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this Chapter.
(2) Dominate, interfere with or assist in the formation, existence or administration of any labor organization.
(3) Encourage or discourage membership in any employee
organization by discrimination in regard to hiring, tenure or other terms and conditions of employment.
(1) Discharge or otherwise discriminate against an employee
because the employee has signed or filed an affidavit, petition or complaint, or has given information or testimony under this Chapter.
(2) Refuse to bargain collectively in good faith with an employee representative which is the exclusive representative of employees in an appropriate unit, except with respect to a discretionary subject
(3) Refuse or fail to comply with any provision of this Chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this Chapter.
(1) Refuse to reduce an agreement, reached as a result of
collective bargaining, to writing and sign the resulting contract.
(2) Refuse to disclose any public record as defined by Chapter 100 of Title 29.
(b) It is unfair labor practice for a public employee or for an
employee organization or its designated representative to do any of the following:
(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this Chapter.
(2) Refuse to bargain collectively in good faith with the public employer or its designated representative if the employee organization is an exclusive representative.
(3) Refuse or fail to comply with any provision of this Chapter or with rules and regulations established by the Board pursuant to its
responsibility to regulate the conduct of collective bargaining under this Chapter.
(4) Refuse to reduce an agreement, reached as a result of
collective bargaining, to writing and sign the resulting contract.
(5) Distribute organizational literature or otherwise solicit
public employees during working hours in areas where the actual work of public employees is being performed in such a way as to hinder or interfere with the operation of the public employer. This paragraph shall not be construed to prohibit the distribution of literature
during the employee's meal period or duty—free periods or in such
areas not specifically devoted to the performance of the employee's
official duties.
(1) Hinder or prevent, by threats, intimidation, force or coercion of any kind the pursuit of any lawful work or employment by any person, or interfere with the entrance to or egress from any place of employment.
§1308. Disposition of complaints.
(a) The Board is empowered and directed to prevent any unfair labor practice described in §1307 (a) and (b) of this Title and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in §1307(a) and (b) of this Title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board.
(b)(1) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this Chapter, such as payment of damages and/or the reinstatement of an employee; provided, however, that the Board shall not issue:
a. Any order providing for binding interest arbitration on any or all issues arising in collective bargaining between the parties
involved; or
b. Any order, the effect of which is to compel concessions on any items arising in collective bargaining between the parties involved.
(2) If, upon the evidence taken, the Board shall determine
that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and conclusions of law and issues and dismiss the complaint.
(c) In addition to the powers granted by this Section, the Board shall have the power, at any time during proceedings authorized by this Section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper subject to the limitations of paragraph (b) of this Section.
§1309. Appeals: petitions for enforcement.
(a) Any party adversely affected by a decision of the Board under §1308 of this Title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within fifteen (15) days of the date upon which the decision was rendered and shall not automatically act as a stay.
(a) The Board may petition the Chancery Court of this State for enforcement of any order issued under §1308 of this Title.
§1310. Bargaining unit determination.
(a) An employee organization desiring to be certified as the exclusive representative shall file a petition with the Board, accompanied by the uncoerced signatures of at least thirty percent (30%) of the public employees in the unit claimed to be appropriate, indicating a desire to be represented for the purpose of bargaining collectively with the public employer.
(a) If the Board or its duly authorized designee determines that a
petition is properly filed and is accompanied by the requisite number of valid signatures, the Board or its designee shall proceed toward
defining the appropriate bargaining unit by setting a date for hearing on the matter. If a petition is not properly filed and/or if it is not accompanied by the requisite number of valid signatures, the Board or its designee shall dismiss the petition.
(b) After holding such hearings as it deems necessary the Board shall determine the appropriate bargaining unit. The Board may, by rule,
delegate its unit definition authority to one or more of its members or to its Executive Director, provided that a unit definition order may be subject to review by the Board at the request of any party or upon the Board's own motion in accordance with rules and procedures established by the Board.
(c) In making its determination as to the appropriate bargaining unit, the Board or its designee shall consider community of interests including such factors as the similarity of duties, skills and working conditions of the employees involved; the history and extent of the employee organization; the recommendations of the parties involved; the effect of overfragmentation of bargaining units on the efficient administration of government; and such other factors as the Board may deem appropriate. The Board or its designee shall exclude_sunervisory employees from all appropriate units created subsequent to the effective date of this Chapter.
(a) Procedures for redefining or modifying a unit shall be set forth in the rules and procedures established by the Board.
(a) Any bargaining unit designated as appropriate prior to the
effective date of this Chapter, for which an exclusive representative has been certified, shall so continue without the requirement of a review and possible redesignation until such time as a question concerning appropriateness is properly raised under this Chapter. The appropriateness of the unit may be challenged by the public employer, 30 percent (30%) of the members of the unit, an employee organization, or the Board not more than 180 days nor less than 120 days prior to the expiration of any collective bargaining agreement in effect on the date of the passage of this Chapter. The continued appropriateness of any bargaining unit designated as appropriate prior to the effective date of this Chapter, for which an exclusive representative is not certified, may be challenged by the public employer, 30 percent (30%) of the members of the unit, an employee organization, or the Board at any time up until thirty (30) days prior to the holding of an election to determine representation.
§1311. Determination and certification of exclusive representative.
(a) Any employee organization seeking certification as exclusive
representative in a designated appropriate bargaining unit shall file a petition with the Board. The petition must contain the uncoerced signatures of at least 30 percent (30%) of the employees within the designated appropriate bargaining unit. If the designated appropriate bargaining unit is sufficiently similar to the bargaining unit claimed to be appropriate in the petition filed pursuant to §1310(a) of this Title, such that the signatures submitted at that time represent 30 percent (30%) of the employees within the designated appropriate bargaining unit, those signatures shall be deemed sufficient for the purpose of this subsection. If the designated bargaining unit is not sufficiently similar to the bargaining unit claimed to be appropriate, the employee organization may continue to rely on the previously submitted uncoerced signatures of the employees who are in the
designated bargaining unit and must supplement these signatures with
uncoerced signatures of other employees within the designated
appropriate bargaining unit, such that the signatures submitted represent at least 30 percent (30%) of the employees within the designated appropriate bargaining unit. No signature shall be considered valid if it was signed more than twelve (12) months prior to the date on which the petition is filed.
(b) Where an employee organization has been certified as the exclusive representative, a group of employees within the bargaining unit may file a petition with the Board for decertification of the exclusive bargaining representative. The petition must contain the uncoerced signatures of at least 30 percent (30%) of the employees within the bargaining unit and allege that the employee organization presently certified is no longer the choice of the majority of the employees in the bargaining unit. If a lawful collective bargaining agreement of no more than three (3) years' duration is in effect, no petition shall be entertained unless filed not more than 180 days nor less than 120 days prior to the expiration of such agreement. A decertification petition
also may be filed if more than one year has elapsed from the date
of certification of an exclusive bargaining representative and no
collective bargaining agreement has been executed, and the
procedures for mediation and fact-finding have been invoked and
completed as provided in this Chapter.
(a) If the Board determines that a petition is properly supported,
timely filed and covers the designated appropriate bargaining unit, the Board shall cause an election of all eligible employees to be held within a reasonable time after the unit determination has been made, in accordance with procedures adopted by the Board, to determine if and by whom the employees wish to be represented. The election ballot shall contain, as choices to be made by the voter, the name of the petitioning employee organization and the certified employee
organization, the name or names of any other employee organization showing written proof of at least 10 percent (10%) representation of the public employees within the designated appropriate bargaining unit, in accordance with rules and procedures adopted by the Board, and a choice that the public employee does not desire to be represented by any of the named employee organization(s).
(b) The employee organization, if any, which receives the majority of the votes cast in an election shall be certified by the Board as the exclusive representative. In any election where there are more than two choices on the ballot and none of the choices receives a majority of the votes cast, a run-off election shall be conducted. The ballot in the run-off election shall contain the two choices on the original ballot that received the largest number of votes.
(c) No election shall be held pursuant to this Section within twelve (12) months from the date of a preceding valid election.
§1312. Employee organizations required to register and submit annual reports.
Every employee organization which has or seeks recognition as a
representative of public employees under this Chapter shall file with the Board a registration report, signed by its president or other designated officer. Such report shall be updated on an annual basis by any organization which continues to have or seeks recognition, shall be in a form prescribed by the Board and shall be accompanied by two copies of the employee organization's constitution and bylaws. All changes or amendments to such constitutions and bylaws shall be promptly reported to the Board.
§1313. Collective bargaining agreements.
(a) Collective bargaining shall commence at least ninety (90) days
prior to the expiration date of any current collective bargaining agreement or in the case of a newly certified exclusive representative within a reasonable time after certification.
(b) Negotiating sessions including strategy meetings of public employers, mediation and the deliberative process of fact-finders shall be exempt from Chapter 100 of Title 29. Hearings conducted
by fact-finders shall be open to the public.
(a) The public employer and the exclusive bargaining representative
shall negotiate written grievance procedures by means of which bargaining unit employees, through their collective bargaining
representatives, may appeal the interpretation or application of any term or terms of an existing collective bargaining agreement; such grievance procedures shall be included in any agreement entered into between the public employer and the exclusive bargaining representative.
(b) Any contract or agreement reached between a public employer and any exclusive representative organization shall be for a minimum period of two (2) years from the effective date of such contract or agreement unless otherwise mutually agreed upon by the public employer and the exclusive representative.
(c) No collective bargaining agreement shall be valid or enforceable if its implementation would be inconsistent with any statutory
limitation on the public employer's funds, spending or budget, or would otherwise be contrary to law.
(a) Public employers shall file with the Board a copy of any
agreements that have been negotiated with public employee representatives following the consummation of negotiations. The Board shall maintain a current file of all such agreements.
§1314. Mediation
(a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed, the parties may voluntarily submit to mediation. If, however, no agreement is reached between the parties by sixty(60) days prior to the expiration date of an existing collective bargaining agreement, or, in the case of a newly certified exclusive representative, within sixty (60) days after negotiations have commenced, both parties shall immediately notify the Board of the status of negotiations,
(b) If the parties have not voluntarily agreed to enlist the services of a mediator and less than thirty (30) days remain before the expiration date of the existing collective bargaining agreement, or, in the case of a newly certified exclusive representative, more than ninety (90) days have elapsed since negotiations began, the Board must appoint a mediator if so requested by the public employer or the exclusive bargaining representative. The mediator shall be chosen from a list of qualified persons maintained by the Board, or upon agreement of the parties, from the Federal Mediation and Conciliation Service, and shall be representative of the public.
(c) If the labor dispute has not been settled after a reasonable period of mediation, during which both parties have made a good faith effort to settle their differences, the parties jointly or individually may petition the Board in writing to initiate fact-finding. In lieu of a petition, the mediator may inform the Board that further negotiations between the parties, at that time, are unlikely at to be productive and recommend that fact-finding be initiated. The public employer and the exclusive bargaining representative may initiate fact-finding at any time, by mutual agreement.
(a) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board.
§1315. Fact-finding.
(a) Within seven (7) working days of receipt of a petition or
recommendation to initiate fact-finding, the Board shall make a determination, with or without a formal hearing, as to whether a good faith effort has been made by both parties to resolve their labor
dispute through negotiations and mediation and as to whether the
initiation of fact-finding would be appropriate and in the
public interest; except that any discretionary subiect shall not be subject to fact-findina.
(b) If the Board initiates fact-finding, the public employer and the exclusive bargaining representative may, by mutual agreement, select their own fact-finder.
(c) Where the parties have not selected their own fact-finder within seven (7) working days after the fact-finding has been initiated, the Board shall submit to the parties a list of nine (9) qualified, disinterested persons. Only those persons who possess the
qualifications contained in §4006(d) of Title 14 will be considered
minimally qualified and disinterested. Each party shall alternatively
strike two names from the list. The order of striking shall be determined by lot. The remaining individual shall be designated the fact-finder.
(d) When the parties have not designated the fact-finder and notified the Board of their choice within five (5) working days after receipt of the list, the Board shall appoint the fact-finder from the list.
However, if one of the parties strikes the names as prescribed in this Section and the other party fails to do so, the Board shall appoint the fact-finder only from the names remaining on the list.
(e) The fact-finder shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute and to render a recommendation on unresolved contract issues. The hearings
shall be held at times, dates and places to be established by the fact-finder in accordance with rules promulgated by the Board. The fact-finder shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on his own behalf.
(f) The fact-finder shall make written findings of facts and recommendations for the resolution of the dispute; provided, however, that the recommendation shall be limited to a determination of which of the parties' last, best, final offers shall be accepted in its
entirety. In arriving at recommendations, the fact-finder shall
specify the basis for his or her findings, taking into consideration, in addition to any other relevant factors, the following:
(1) The interests and welfare of the public.
(1) Comparison of the wages, salaries, benefits, hours and
conditions of employment of the employees involved in the
fact-finding proceedings with the wages, salaries, benefits, hours and conditions of employment of other employees performing the same or similar services or requiring similar skills under similar working conditions in the same community and in comparable communities and with other employees generally in the same community and in comparable communities.
(1) The overall compensation presently received by the employees inclusive of direct wages, salary, vacations, holidays, excused leaves, insurance and pensions, medical and hospitalization
benefits, the continuity and stability of employment and all
other benefits received.
(2) Stipulations of the parties.
(3) The lawful authority of the public employer.
(4) The financial ability of the public employer based on existing revenues, to meet the costs of any proposed settlements; provided, that any enhancement to such financial ability derived from
savings experienced by such public employer as a result of a strike shall not be considered by the fact-finder.
(5) Such other factors not confined to the foregoing which are normally or traditionally taken into consideration in the
determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding or
otherwise between parties, in the public service or in private employment.
In making recommendations the fact-finder shall give due weight_to each relevant factor All of the above factors shall be presumed relevant. If any factor is found not to be relevant, the fact-finder shall detail in his or her findings the specific reason why that factor
.11m:1o, Ili No
sinale factor in this subsection, shall be dispositive,
(g) Within thirty (30) days after the conclusion of the hearings but not later than 120 days from the day of appointment, the fact-finder shall serve his or her written findings of fact and recommendations for resolution of the dispute on the public employer, the certified exclusive representative and the Board.
(a) Not more than five (5) working days after the findings and
recommendations have been served, the Board shall hold a meeting which shall include the fact-finder, representatives of the public employer and representatives of the exclusive bargaining representative, for the purposes of discussing the fact-finder's recommendations and
determining whether the parties are able to conclude their labor dispute at that time with a voluntarily reached agreement.
(b) If the dispute continues, the Board shall forthwith publicize the fact-finder's findings of fact and recommendations along with position statements by the accepting and rejecting parties.
(c) The cost of fact-finding shall be borne equally by the parties involved in the dispute.
(a) Nothing in this Chapter shall be construed to prohibit or
otherwise impede a public employer and certified exclusive representative from continuing to bargain in good faith over terms and conditions of employment or from using the services of a mediator at any time during the conduct of collective bargaining. If, at any point in the impasse proceedings invoked under this Chapter, the parties are able to conclude their labor dispute with a voluntarily reached agreement, the Board shall be so notified, and all impasse resolution proceedings shall be forthwith terminated.
§1316. Strikes prohibited.
(a) No public employee shall strike while in the performance of his or her official duties.
(a) No public employee shall be entitled to any daily pay, wages, reimbursement of expenses, benefits or any consideration in lieu thereof, for the days on which he engaged in a strike.
(b) Where a public employee has lost entitlement to any daily pay or other consideration pursuant to subsection (b) of this section, any agreement between such public employee or employee organization
bargaining on his behalf and a public employer which provided for the direct or indirect restoration of such entitlement shall be void as against public policy.
§1317. Injunctions.
(a) Chancery Court is vested with the authority to hear and determine all actions alleging violations of §1316 of this Title. Suits to enjoin violations of §1316 of this Title will have priority over all matters on the Court's docket except other emergency matters.
(b) Where it appears that any public employee, group of, employees, employee organizations or any officer or agent thereof, threaten or are about to do, or are doing, any act in violation of §1316 of this Title, the public employer may forthwith apply to the Court of Chancery for an injunction against such violation.
(c) If an order of the Court enjoining or restraining a violation of §1316 of this Title does not receive immediate compliance, the public
employer shall apply to the Court for appropriate contempt sanctions against any party in violation of such order. Upon a proper showing that any person or organization has failed to comply with such an order, the Court shall, in addition to any other remedy it deems appropriate, fine such violating party an amount on a daily, weekly or monthly basis without limitation as determined by the Court.
(d) In determining an appropriate amount for fines imposed pursuant to subsection (c) of this section, the Court shall consider and receive evidence of:
(1) The extent and value of services lost due to the violation of §1316 of this Title.
(2) Any unfair labor practices committed by either party during the collective bargaining process.
(1) The extent of the willful defiance or resistance to the Court's order.
(2) The impact of the strike on the health, safety and welfare of the public.
§1318. Status of existing exclusive representative.
An employee organization that has been certified as the exclusive representative of a bargaining unit deemed to be appropriate prior to the effective date of this Chapter shall so continue without the requirement of an election and certification until such time as a question concerning representation is appropriately raised under this Chapter in accordance with §1311(b) of this Title, or until the Board would find the unit not be appropriate in accordance with §1310(f) of this Title.
Section 2. If any provision of this Act or the application of such
provision to any person or circumstance is held invalid, the remainder of this act or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
Section 3. This Act shall not apply to any contract negotiations between a public employer and its employees initiated, pending, or in litigation prior to the effective date of this Act.
Section 4. This Act shall be effective sixty (60) days following enactment into law.
Approved July 25, 1994.