reglab/housing_qa huggingface dataset:
19 DE Code § 1609. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter I. General Provisions|§ 1609. Unfair labor practices — Appeals; petitions for enforcement.

§ 1609. Unfair labor practices — Appeals; petitions for enforcement. (a) Any person or party adversely affected by a decision of the Board under § 1608 or § 1615 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the date upon which the decision was rendered and shall not automatically act as a stay. (b) The Board may petition the Chancery Court of this State for enforcement of any order issued under § 1608 or § 1615 of this title. 65 Del. Laws, c. 477, §  1;  72 Del. Laws, c. 271, §§  5-8;  74 Del. Laws, c. 173, §  1;
19 DE Code § 1610. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter I. General Provisions|§ 1610. Bargaining unit determination.

§ 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. (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. 65 Del. Laws, c. 477, §  1;
19 DE Code § 1612. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter I. General Provisions|§ 1612. Employee organizations required to register and submit annual reports.

§ 1612. 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 appropriate 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 2 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. 65 Del. Laws, c. 477, §  1;
19 DE Code § 1613. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter I. General Provisions|§ 1613. Collective bargaining agreements.

§ 1613. Collective bargaining agreements. (a) Collective bargaining shall commence at least 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 binding interest arbitrators shall be exempt from Chapter 100 of Title 29. Hearings conducted by binding interest arbitrators shall be open to the public. (c) The public employer and the exclusive bargaining representatives 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. (d) Any contract or agreement reached between a public employer and any exclusive representative shall be for a minimum period of 2 years from the effective date of such contract or agreement, unless otherwise mutually agreed upon by the public employer and the exclusive representative. (e) 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. (f) Public employers shall file with the Board a copy of any agreements that have been negotiated with employee representatives following the consummation of negotiations. The Board shall maintain a current file of all such agreements. 65 Del. Laws, c. 477, §  1;  72 Del. Laws, c. 271, §§  2, 8;  74 Del. Laws, c. 173, §  1;
19 DE Code § 1614. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter I. General Provisions|§ 1614. Mediation.

§ 1614. 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 60 days prior to the expiration date of an existing collective bargaining agreement, or, in the case of a newly-certified exclusive representative, within 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 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 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 binding interest arbitration. In lieu of a petition, the mediator may inform the Board that further negotiations between the parties, at that time, are unlikely to be productive and recommend that binding interest arbitration be initiated. The public employer and the exclusive bargaining representative may initiate binding interest arbitration at any time, by mutual agreement. (d) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board. 65 Del. Laws, c. 477, §  1;  72 Del. Laws, c. 271, §§  3, 8;  74 Del. Laws, c. 173, §  1;
19 DE Code § 1616. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter I. General Provisions|§ 1616. Strikes prohibited.

§ 1616. Strikes prohibited. (a) No public employee shall strike while in the performance of the public employee's official duties. (b) 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 the public employee engaged in a strike. (c) 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 the public employee's behalf and a public employer which provided for the direct or indirect restoration of such entitlement shall be void as against public policy. 65 Del. Laws, c. 477, §  1;  70 Del. Laws, c. 186, §  1;
19 DE Code § 1617. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter I. General Provisions|§ 1617. Injunctions.

§ 1617. Injunctions. (a) Chancery Court is vested with the authority to hear and determine all actions alleging violation of § 1616 of this title. Suits to enjoin violations of § 1616 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 § 1616 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 § 1616 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 § 1616 of this title. (2) Any unfair labor practices committed by either party during the collective bargaining process. (3) The extent of the wilful defiance or resistance to the Court's order. (4) The impact of the strike on the health, safety and welfare of the public.65 Del. Laws, c. 477, §  1;
19 DE Code § 1618. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter I. General Provisions|§ 1618. Status of existing exclusive representative.

§ 1618. 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 § 1611(b) of this title, or until the Board would find the unit not to be appropriate in accordance with § 1610(f) of this title. 65 Del. Laws, c. 477, §  1;
19 DE Code § 1621. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter II. Volunteer Firefighter and Rescue Squad Worker Protection Act [Effective Upon Enactment of Comparable Federal Law]|§ 1621. Definitions [Effective upon enactment of comparable federal law].

§ 1621. Definitions [Effective upon enactment of comparable federal law]. As used in this subchapter the term “employee” shall not include a firefighter or a member of a rescue squad during the period in which the firefighter or rescue squad member volunteers the firefighter's or member's services at a location where the firefighter or member is either employed or is not then or regularly employed. 70 Del. Laws, c. 498, §  1;
19 DE Code § 1622. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter II. Volunteer Firefighter and Rescue Squad Worker Protection Act [Effective Upon Enactment of Comparable Federal Law]|§ 1622. Waiver of overtime compensation [Effective upon enactment of comparable federal law].

§ 1622. Waiver of overtime compensation [Effective upon enactment of comparable federal law]. The employer of a firefighter or member of a rescue squad shall not be required to pay a firefighter or member overtime compensation:  (1) When the firefighter or member volunteered their services to the employer; and (2) For which the firefighter or member signed a legally binding waiver of such compensation.70 Del. Laws, c. 498, §  1;
19 DE Code § 1623. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act|Subchapter II. Volunteer Firefighter and Rescue Squad Worker Protection Act [Effective Upon Enactment of Comparable Federal Law]|§ 1623. Coercion [Effective upon enactment of comparable federal law].

§ 1623. Coercion [Effective upon enactment of comparable federal law]. No employer may require directly or indirectly an employee who is a firefighter or member of a rescue squad to volunteer the employee's firefighting or rescue squad services during any period in which such employee would be entitled to receive compensation for overtime employment. 70 Del. Laws, c. 498, §  1;
19 DE Code § 2301C. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2301C. Workers' compensation specialist.

§ 2301C. Workers' compensation specialist. There is hereby created within the Department of Labor the classified full-time position of workers' compensation specialist. The specialist shall assist unrepresented injured employees by providing information so that such employees can understand, assert and protect their rights under Part II of this title. In addition, the specialist may assist the Department in expediting the processing of petitions. However, assistance provided under this section shall not include representing claimants in hearings or offering legal advice. 71 Del. Laws, c. 84, §  2;
19 DE Code § 2301D. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2301D. Annual review of Industrial Accident Board Case management.

§ 2301D. Annual review of Industrial Accident Board Case management. (a) The General Assembly intends for the Industrial Accident Board and the hearing officers thereof to manage its caseload in a manner which recognizes the importance of determining matters before the Board in a speedy, efficient and just manner. To that end, the General Assembly intends for the Board and the hearing officers thereof to cooperate closely with the Department of Labor, which is the executive branch agency responsible for the effective administration of the Board's activities, pursuant to Part II of this title, in developing procedures and processes which accomplish that important purpose. (b) To ensure public accountability for the speedy, efficient and just determination of the matters before the Board, the Department of Labor shall conduct an annual review of the effectiveness of the management of the Board's caseload. Such annual review should be published on or before February 15 of each year and the Board shall be involved in the development of such annual review. The review shall include:  (1) An analysis of the caseload pending before the Board, including, but not limited to, an analysis of dispositional speed, caseload backlog, number of continuances granted and the grounds therefor, number of appeals and the reversal rate of the Board and compliance with hearing and decisional deadlines set forth in Part II of this title or in board rules, to ensure that the performance of the Board as a whole can be evaluated by the General Assembly, the Governor and the public at large; (2) An analysis of the caseload pending before the Board, particularized as to the individual hearing officers of the Board to ensure that the performance of such hearing officers can be evaluated; (3) Departmental recommendations regarding methods, including, but not limited to, legislative action and board rule changes, to improve the performance of the Board and Department in ensuring the speedy, efficient and just determination of matters before the Board. (c) [Repealed.] 71 Del. Laws, c. 84, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 410, §  1;  78 Del. Laws, c. 229, §  5;
19 DE Code § 2302. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2302. Wages; definition and computation; valuation of board and lodging.

§ 2302. Wages; definition and computation; valuation of board and lodging. (a) “Average weekly wage” means the weekly wage earned by the employee at the time of the employee's injury at the job in which the employee was injured, including overtime pay, gratuities and regularly paid bonuses (other than an employer's gratuity or holiday bonuses) but excluding all fringe or other in-kind employment benefits. The term “average weekly wage” shall include the reasonable value of board, rent, housing or lodging received from the employer, which shall be fixed and determined from the facts in each particular case. (b) The average weekly wage shall be determined by computing the total wages paid to the employee during the 26 weeks immediately preceding the date of injury and dividing by 26, provided that:  (1) If the employee worked less than 26 weeks, but at least 13 weeks, in the employment in which the employee was injured, the average weekly wage shall be based upon the total wage earned by the employee in the employment in which the employee was injured, divided by the total number of weeks actually worked in that employment; (2) If an employee sustains a compensable injury before completing that employee's first 13 weeks, the average weekly wage shall be calculated as follows:  a. If the contract was based on hours worked, by determining the number of hours for each week contracted for by the employee multiplied by the employee's hourly rate; b. If the contract was based on a weekly wage, by determining the weekly salary contracted for by the employee; or c. If the contract was based on a monthly salary, by multiplying the monthly salary by 12 and dividing that figure by 52; and d. If the hourly rate of earnings of the employee cannot be ascertained, or if the pay has not been designated for the work required, the average weekly wage, for the purpose of calculating compensation, shall be taken to be the average weekly wage for similar services performed by other employees in like employment for the past 26 weeks. (3) In any event, the weekly compensation allowed shall not exceed the maximum or be less than the minimum provided by law.Code 1915, §  3193uu;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  10;  Code 1935, §  6117;  45 Del. Laws, c. 297, §  6;  19 Del. C. 1953, §  2302;  50 Del. Laws, c. 339, §§  2, 3;  52 Del. Laws, c. 49, §  3;  70 Del. Laws, c. 96, §  1;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 1, §  5;
19 DE Code § 2304. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2304. Compensation as exclusive remedy.

§ 2304. Compensation as exclusive remedy. Except as expressly excluded in this chapter and except as to uninsured motorist benefits, underinsured motorist benefits, and personal injury protection benefits, every employer and employee, adult and minor, shall be bound by this chapter respectively to pay and to accept compensation for personal injury or death by accident arising out of and in the course of employment, regardless of the question of negligence and to the exclusion of all other rights and remedies. Code 1915, §  3193c;  29 Del. Laws, c. 233;  Code 1935, §  6073;  43 Del. Laws, c. 269, §  2;  19 Del. C. 1953, §  2304;  80 Del. Laws, c. 420, § 1;
19 DE Code § 2305. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2305. Exemption from liability prohibited; exception.

§ 2305. Exemption from liability prohibited; exception. No agreement, rule, regulation or other device shall in any manner operate to relieve any employer or employee in whole or in part from any liability created by this chapter, except as specified in this chapter. Code 1915, §  3193g;  29 Del. Laws, c. 233;  Code 1935, §  6077;  19 Del. C. 1953, §  2305;
19 DE Code § 2306. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter I. General Provisions|§ 2306. Applicability — Employers.

§ 2306. Applicability — Employers. (a) Except as otherwise indicated, this chapter shall apply to the employer and employee in any employment in which 1 or more employees are engaged. (b) In all cases where an employer not subject to this chapter carries insurance to insure the payment of compensation to the employees, then in any and all such cases such employer and employees shall come under this chapter, and all of the provisions thereof, with the same force and effect as in cases where an employer is subject to this chapter. (c) Every employer shall keep a summary of this chapter, approved by the Department, and any applicable regulations published thereunder or a summary thereof, approved by the Department, posted in a conspicuous and accessible location in or about the premises or place of employment and where employees normally pass. Employers shall be furnished copies by the Department on request without charge. Code 1915, §  3193vv;  29 Del. Laws, c. 233;  33 Del. Laws, c. 206, §  3;  35 Del. Laws, c. 193, §  3;  36 Del. Laws, c. 253;  Code 1935, §  6118;  41 Del. Laws, c. 243;  43 Del. Laws, c. 269, §  11;  19 Del. C. 1953, §  2306;  59 Del. Laws, c. 454, §  3;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 105, §  3;