Delaware Code Title 19 Sec. 1610 – 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 30 percent 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.
Terms Used In Delaware Code Title 19 Sec. 1610
- bargaining unit: means a group of police officers or firefighters designated by the Public Employment Relations Board as appropriate for representation by an employee organization for purposes of collective bargaining. See Delaware Code Title 19 Sec. 1602
- 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
- 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
(b) 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.
(c) 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.
(d) In making its determination as to the appropriate bargaining unit, the Board or its designee shall consider 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.
(e) Procedures for redefining or modifying a unit shall be set forth in the rules and procedures established by the Board.
(f) 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 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 of the members of the unit, an employee organization or the Board at any time up until 30 days prior to the holding of an election to determine representation.