14 DE Code § 4006. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4006. Public Employment Relations Board.

§ 4006. Public Employment Relations Board. (a) There is hereby established a board to be known as the “Public Employment Relations Board,” the purpose of which shall be to administer this chapter under rules and regulations which it shall adopt and publish. The Board shall be organizationally located within the Department of State; however, in the performance of its powers and duties under this chapter, the Board shall not be subject to control, supervision or direction by the Department of State or by an officer thereof. (b) The Board shall consist of 3 members to be appointed by the Governor, subject to confirmation by the Senate, from persons representative of the public. One member shall be designated by the Governor as Chair, and the Chair shall serve a fixed term. Not more than 2 members of the Board shall be members of the same political party. Each member shall be appointed for a term of 6 years, except that the initial appointments shall be: 1 member shall be appointed for a term that shall expire 2 years following the effective date of this chapter, 1 member for a term that shall expire 4 years following the effective date of this chapter, and the Chair for a term that shall expire 6 years following the effective date of this chapter. A member appointed to fill a vacancy shall be appointed for the unexpired term of the member whom the appointed member is to succeed. Any member of the Board may be removed by the Governor for misfeasance, malfeasance or nonfeasance in office, after a hearing before an impartial designee of the Governor. A vacancy in the Board shall not impair the right of the remaining members to exercise all the powers of the Board. Two members of the Board shall, at all times, constitute a quorum, but official orders shall require concurrence of a majority of the Board. Board members shall be eligible for reappointment. (c) Members of the Board shall be knowledgeable in the area of labor relations and shall possess the reputation for integrity and impartiality necessary to protect the public interest. (d) Members shall hold no other public office or employment by the State or other public agency or public employer, or be an officer or employee of any public employee labor organization or any of its affiliates, or represent any public employer or public employee organization or its affiliates; however, this restriction shall not be interpreted to exclude persons who are knowledgeable in employment relations, public administration or labor law so long as they are not actively engaged, other than as a member, in any management or employee organization. (e) The Chair of the Board shall receive a per diem stipend of $110, and each of the other members shall receive a per diem stipend of $100. Each member of the Board shall be reimbursed for actual and necessary travel and subsistence expenses when performing Board business away from that member's place of residence. (f) The Board shall appoint an Executive Director who shall be the chief administrative officer. The Executive Director shall be a person familiar with employer-employee relations. In addition to the performance of administrative duties, the Board may delegate to the Executive Director authority with respect to, but not limited to, bargaining unit determination and representation proceedings, unfair labor practice proceedings, mediation of labor disputes, and binding interest arbitration proceedings. Such delegation shall not limit a party's right to appeal to the Board. The Executive Director, with such assistance as may be provided by the Attorney General and such additional legal assistance which, from time to time, may be necessary, shall have authority on behalf of the Board, when necessary, to carry out or enforce any action or decision of the Board, to petition any court of competent jurisdiction for any order requiring compliance with the action or decision. (g) The Board may employ such other persons as it may, from time to time, find necessary for the proper performance of its functions within the amounts made available through appropriations therefor, and may prescribe their duties and fix their compensation. (h) To accomplish the objectives and to carry out the duties prescribed in this chapter, the Board shall have the following powers:  (1) To issue, amend and rescind such rules and regulations as it deems necessary to carry out this chapter and to prevent any person from engaging in conduct in violation of this chapter. Such rules and regulations shall be adopted in accordance with Chapter 101 of Title 29. (2) To hold hearings, subpoena witnesses, administer oaths and take the testimony or deposition of any person under oath, and in connection therewith, to issue subpoenas requiring the production and examination of any books or papers, including those of the State and/or a board of education relating to any matter pending before it, and to take such other action, including the granting of interim or other relief as may be necessary to discharge its powers and duties. In no case, however, should it be empowered, either directly or through a fact-finder, to mandate to the public school employer action which involves an economic cost to the public school employer. (3) To conduct in any part of this State any proceeding, hearing, investigation, inquiry or election necessary to the performance of its functions. In carrying out the purposes of this chapter, the Board may designate 1 of its members or an agent or agents as hearing examiner or examiners. (4) To provide by rule a procedure for the filing and prompt disposition of petitions for a declaratory statement as to the applicability of any provision of this chapter or any rule or order of the Board. Such procedures shall provide for, but not be limited to, an expeditious determination of questions relating to potential unfair labor practices and to questions relating to whether a matter in dispute is within the scope of collective bargaining. (5) To request from any public agency such assistance, services and data as will enable the Board to properly carry out its functions and powers. (6) At the end of each year, to make a report in writing to the Governor and the General Assembly and detail the work it has done in hearing and deciding cases. (7) To adopt an official seal and prescribe the purposes for which it shall be used.63 Del. Laws, c. 333, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  13;  76 Del. Laws, c. 196, §  2;