Delaware Code Title 19 Sec. 1607 – Unfair labor practices — Enumerated
(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.
(4) 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.
(5) Refuse to bargain collectively in good faith with an employee representative which is the exclusive representative of employees in an appropriate unit.
(6) 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.
(7) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.
(8) Refuse to disclose any public record as defined by Chapter 100 of Title 29.
Terms Used In Delaware Code Title 19 Sec. 1607
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the Public Employment Relations Board established by § 4006 of Title 14 and made applicable to this chapter by § 1306 of this title. See Delaware Code Title 19 Sec. 1602
- 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. See Delaware Code Title 19 Sec. 1602
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- employee: means any police officer or firefighter employed by a public employer except those determined by the Board to be inappropriate for inclusion in the bargaining unit; provided, however, that for the purposes of this chapter with respect to any state employee covered under the State Merit System, position classification, health care and other benefit programs established pursuant to Chapters 52 and 96 of Title 29, workers' compensation, disability programs and pension programs shall not be deemed to be compensation. See Delaware Code Title 19 Sec. 1602
- Employee organization: means any organization which admits to membership police officers or firefighters employed by 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. See Delaware Code Title 19 Sec. 1602
- employees: shall include each and every person employed by the public employer except:
- employer: includes the Town of Delmar, Delaware. See Delaware Code Title 19 Sec. 1602
- 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. See Delaware Code Title 19 Sec. 1602
- 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 determined by this chapter or any other law of the State to be within the exclusive prerogative of the public employer. See Delaware Code Title 19 Sec. 1602
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) It is an 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 designated meal period or in such areas not specifically devoted to the performance of the employee’s official duties.
(6) Hinder or prevent (by threats, intimidation, force or coercion of any kind) the pursuit of any lawful work or employment by any person, or unreasonably interfere with the entrance to or egress from any place of employment.