Delaware Code Title 29 Sec. 5938 – Collective bargaining
(a) Except as expressly provided in subsection (c) of this section, nothing contained in this chapter or in the rules shall deny, limit or infringe upon the right of any employee in the classified service or any exclusive bargaining representative under Chapter 13 of Title 19.
Terms Used In Delaware Code Title 29 Sec. 5938
- Agency: means any agency, board, department, bureau or commission of this State which receives an appropriation under the general appropriation act of the General Assembly. See Delaware Code Title 29 Sec. 5901
- Board: means the Merit Employee Relations Board created by this chapter. See Delaware Code Title 29 Sec. 5901
- Rules: means those rules adopted by the Board pursuant to this chapter. See Delaware Code Title 29 Sec. 5901
- Secretary: means the Secretary of the Department of Human Resources. See Delaware Code Title 29 Sec. 5901
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Except as expressly provided in subsection (c) of this section, nothing contained in this chapter or in the rules shall deny, limit or infringe upon any collective bargaining agreement or the authority and duty of this State or any agency thereof to engage in collective bargaining with the exclusive bargaining representative under Chapter 13 of Title 19.
(c) The rules adopted or amended by the Board under the following sections shall apply to any employee in the classified service represented by an exclusive bargaining representative or covered by a collective bargaining agreement under Chapter 13 of Title 19, except in the case of collective bargaining agreements reached pursuant to § 1311A of Title 19: §§ 5915 through 5921, 5933, 5935, and 5937 of this title.
(d) The rules adopted or amended by the Board under the following sections shall not apply to any employee in the classified service represented by an exclusive bargaining representative to the extent the subject thereof is covered in whole or in part by a collective bargaining agreement under Chapter 13 of Title 19: §§ 5922 through 5925 of this title, except where transfer is between agencies or where change is made in classification or pay grade; §§ 5926 through 5928 of this title, except where an employee laid off by 1 agency is reemployed by another; and §§ 5929 through 5932, 5934, and 5936 of this title.
(e) The Secretary or the Secretary’s designee and the Board shall meet with the exclusive bargaining representative at reasonable times to negotiate in good faith with respect to any rule to be adopted or amended under §§ 5915 through 5921, 5933, 5935, and 5937 of this title and, to the extent the subject thereof is not covered in whole or in part by a collective bargaining agreement under Chapter 13 of Title 19, §§ 5922 through 5932, 5934, and 5936 of this title.
29 Del. C. 1953, § ?5938; 56 Del. Laws, c. 376, § ?7; 69 Del. Laws, c. 436, § ?9; 76 Del. Laws, c. 178, § ?5; 81 Del. Laws, c. 66, § ?47; 82 Del. Laws, c. 26, § 3;