reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1103. Employees separated from the payroll before regular payday; damages for failure to pay wages.

§ 1103. Employees separated from the payroll before regular payday; damages for failure to pay wages.
(a) (1) Whenever an employee quits, resigns, is discharged, suspended, or laid off, the wages earned by the employee become due and payable by the employer on the later of the following:
a. The next date the wages would be paid through the last day worked under the employer's regular pay cycle as if the employment had not stopped.
b. Three business days after the last day worked.
(2) The employer must make the payment due under paragraph (a)(1) of this section using either of the following methods:
a. The usual pay channels as if the employment had not been suspended or terminated.
b. If requested by the employee, by mail to the address provided in the employee's request or if no address is provided, the most recent address provided to the employer.
(b) (1) Wages paid under subsection (a) of this section must be paid in compliance with the requirements under §§ 1104 and 1107 of this title.
(2) If an employer, without any reasonable grounds for dispute under § 1104 or § 1107 of this title, fails to pay an employee wages as required under this chapter, the employer is also liable to the employee for liquidated damages in the amount of the lower of the following:
a. Ten percent of the unpaid wages for each day, except Sunday and legal holidays, upon which the failure continues after the day upon which payment is required.
b. An amount equal to the unpaid wages.
(3) For purposes of liquidated damages under paragraph (b)(2) of this section, the failure to pay is not deemed to continue after the date of the filing of a petition of bankruptcy with respect to the employer if the employer is adjudicated bankrupt.
(c) An employer who is unable to prepare the payroll due to a labor dispute, power failure, blizzard, or like weather catastrophe, epidemic, fire, or explosion is not in violation of this chapter.
19 Del. C. 1953, §  1103;  55 Del. Laws, c. 19, §  1;  57 Del. Laws, c. 152, §  3;  64 Del. Laws, c. 226, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 444, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1104. Unconditional payment of wages conceded to be due.

§ 1104. Unconditional payment of wages conceded to be due.
(a) In case of a dispute over the amount of wages, the employer shall pay without condition and within the time set by this chapter all wages or parts thereof conceded by the employer to be due, leaving to the employee all remedies the employee might otherwise be entitled to, including those provided under this chapter, as to any balance claimed.
(b) The acceptance by an employee of a payment under this section shall not constitute a release as to the balance of the employee's claim and any release required or obtained by an employer as a condition to payment shall be in violation of this chapter and shall be null and void.
19 Del. C. 1953, §  1104;  55 Del. Laws, c. 19, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1105. Prime contractor's responsibility for wage payments.

§ 1105. Prime contractor's responsibility for wage payments.
Whenever any person shall contract with another for the performance of any work which the contracting person has undertaken to perform, the person shall become civilly liable to employees engaged in the performance of work under such contract for the payment of wages, exclusive of liquidated damages, as required under this chapter, whenever and to the extent that the employer of such employees fails to pay such wages, and the employer of such employees shall be liable to such person for any wages paid by the employer under this section.
19 Del. C. 1953, §  1105;  55 Del. Laws, c. 19, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1106. Deceased employees.

§ 1106. Deceased employees.
(a) In the event of the death of an employee the wages due the employee by an employer not in excess of $300 may, upon proper demand, be paid in the absence of actual notice of the pendency of probate proceedings without requiring letters testamentary or of administration in the following order of preference to decedent's:
(1) Surviving children under 21 years of age, to the parent, guardian or other person having custody of such child, in equal shares;
(2) Surviving spouse;
(3) Surviving children 21 years of age and over, in equal shares;
(4) Parents, in equal shares or survivor.
(b) Payments under this section shall be a release and discharge of the employer to the amount of such payment.
19 Del. C. 1953, §  1106;  55 Del. Laws, c. 19, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1107. Withholding of wages.

§ 1107. Withholding of wages.
No employer may withhold or divert any portion of an employee's wages unless:
(1) The employer is required or empowered to do so by state or federal law; or
(2) The deductions are for medical, surgical or hospital care or service, without financial benefit to the employer, and are openly, clearly and in due course recorded in the employers' books; or
(3) The employer has a signed authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee, except that the Department, upon finding that it is acting in the public interest, may, by regulation, prohibit such withholding or diverting for such purpose. If the Department abuses its discretion and acts arbitrarily and without any reasonable ground, any aggrieved person may institute a civil action in the Superior Court to have such regulation declared null and void. The Department, in such action, shall not be liable for costs or fees of any nature.
19 Del. C. 1953, §  1107;  55 Del. Laws, c. 19, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1107A. Differential rate of pay based on gender prohibited.

§ 1107A. Differential rate of pay based on gender prohibited.
(a) No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions, except where payment is made pursuant to a differential based on:
(1) A seniority system;
(2) A merit system;
(3) A system which measures earnings by quantity or quality of production; or
(4) Any other factor other than sex; provided, that an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with this subsection, reduce the wage rate of any employee.
(b) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of subsection (a) of this section.
(c) For purposes of administration and enforcement, any amounts owing to any employee which are withheld in violation of this section shall be deemed to be unpaid wages under this chapter.
(d) As used in this section, the term “labor organization” means any organization of any kind, or any agency or employee representative committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
64 Del. Laws, c. 132, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1108. Duty of employer regarding notification, posting and records.

§ 1108. Duty of employer regarding notification, posting and records.
It shall be the duty of every employer of over 3 employees to:
(1) Notify each employee in writing, at the time of hiring, of the rate of pay and of the day, hour and place of payment;
(2) Notify each employee in writing or through a posted notice maintained in a place accessible to the employees and where they normally pass of any reduction in the regular rate of pay, and day, hour and place of payment prior to the time of such reduction;
(3) Make available to each employee in writing or through a poster notice maintained in a place accessible to the employees and where they normally pass employment practices and policies with regard to vacation pay, sick leave and comparable matters;
(4) Furnish to each employee at the time of payment a statement, either on the check, or by a separate slip, or electronically, so long as the electronic statement is in a form capable of being retained by the employee, showing the wages due, the pay period for which the wages are due and the total amount of deductions, separately specified, which have been made from the wages due, provided such statement shall, for an employee who is paid at an hourly rate, show the total number of hours for the said pay period.
Where the statement is furnished electronically, an employee may request that the statement be provided in written form on a separate slip.
(5) Post and maintain in a place accessible to the employees and where they normally pass a summary of this chapter to be supplied by the Department upon request without charge;
(6) Make, keep and preserve for a period not less than 3 years the records specified in the chapter, including wage and hour records, in or about the premises or place of business or employment or at 1 or more central record keeping offices, and make such reports therefrom to the Department as it shall deem by regulation to be necessary or appropriate to administer or enforce this chapter.
19 Del. C. 1953, §  1108;  55 Del. Laws, c. 19, §  1;  57 Del. Laws, c. 152, §§  4-6;  74 Del. Laws, c. 234, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1109. Benefits and wage supplements.

§ 1109. Benefits and wage supplements.
(a) Any employer who is party to an agreement to pay or provide benefits or wage supplements to any employee shall pay the amount or amounts necessary to provide such benefits or furnish such supplements within 30 days after such payments are required to be made; provided, however, that this section shall not apply to employers subject to Part I of the Interstate Commerce Act [49 U.S.C. § 10101 et seq.].
(b) As used herein, “benefits or wage supplements” means compensation for employment other than wages, including, but not limited to, reimbursement for expenses, health, welfare or retirement benefits, and vacation, separation or holiday pay, but not including disputed amounts of such compensation subject to handling under dispute procedures established by collective bargaining agreements.
19 Del. C. 1953, §  1109;  56 Del. Laws, c. 442, §  2;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1110. Provisions of law may not be waived by agreement.

§ 1110. Provisions of law may not be waived by agreement.
Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement.
19 Del. C. 1953, §  1110;  55 Del. Laws, c. 19, §  1;  56 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1111. Powers of the Department.

§ 1111. Powers of the Department.
(a) The Department shall administer and enforce this chapter.
(b) Upon ex parte application of the Department, showing reasonable ground to believe that any provision of this chapter or any regulation published thereunder has been or is being violated, the Superior Court shall enter an order permitting the Department to:
(1) Enter and inspect, after 1 day's notice to the employer, the premises or place of business or employment and upon demand examine and copy, wholly or partly, any or all books, registers, payrolls and other records, including those required to be made, kept and preserved under this chapter or any regulation published thereunder;
(2) Question any employer, employee or other person in the premises or place of business or employment;
(3) Require from any employer full and correct statements in writing, including sworn statements, upon forms prescribed or approved by the Department, with respect to the payment of wages, hours, names, addresses and such other information pertaining to employees as the Department may deem necessary or appropriate;
(4) Investigate such facts, conditions or matters as the Department may deem necessary or appropriate to determine whether this chapter or any regulation published thereunder has been or is being violated;
(5) Hold hearings, administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, documents and testimony, and to take depositions and affidavits in any proceeding before it, and, in case of failure of any person to comply with any subpoena lawfully issued or on the refusal of any witness to testify to any matter regarding which the witness may be lawfully interrogated, the Superior Court, on application by the Department, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from such Court or a refusal to testify therein.
(c) The Department may institute actions in the Superior Court for penalties for any violation of this chapter or any regulation published thereunder.
(d) Nothing contained in this chapter shall be deemed a limitation on any power or authority of the Department under any other law of this State which may be otherwise applicable to administer or enforce this chapter.
19 Del. C. 1953, §  1111;  55 Del. Laws, c. 19, §  1;  56 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1112. Penalties.

§ 1112. Penalties.
(a) Any employer who violates or fails to comply with any requirement of this chapter or any regulation published thereunder shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.
(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department pursuant to this chapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or has testified or is about to testify in any such proceedings shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.
(c) Any employer who falsely makes, utters, draws or delivers any receipt or statement that credit to a bank account of any employee has been made in payment of wages due shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.
(d) A civil penalty claim may be filed in any court of competent jurisdiction.
19 Del. C. 1953, §  1112;  55 Del. Laws, c. 19, §  1;  56 Del. Laws, c. 442, §  1;  57 Del. Laws, c. 152, §  7;  67 Del. Laws, c. 260, §  1;  69 Del. Laws, c. 294, §  14;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1113. Remedies of employees.

§ 1113. Remedies of employees.
(a) A civil action to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction.
(b) Whenever the Department determines that wages, as required under this chapter, have not been paid, the Department may bring any legal action necessary to collect such claim. With the consent of the aggrieved employee, the Department shall have the power to settle and adjust any such claim to the same extent as might the assigning employee.
(c) Any judgment entered for a plaintiff in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution and reasonable attorney's fees, all to be paid by the defendant. In the case of actions brought under this section by the Department, expenses and attorney's fees shall be remitted by the Department to the State Treasurer. The Department shall not be required to pay the filing fee or other costs of the action or fees of any nature or to file bond or other security of any nature in connection with such action or with proceedings supplementary thereto or as a condition precedent to the availability to the Department of any process in aid of such action or proceedings. The Department shall have the power to join various claimants in 1 preferred claim or lien and, in case of suit, to join them in 1 cause of action.
19 Del. C. 1953, §  1113;  55 Del. Laws, c. 19, §  1;  56 Del. Laws, c. 442, §  1;  64 Del. Laws, c. 226, §§  2, 3;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1114. Regulations.

§ 1114. Regulations.
The Department shall have the power to make and revise or rescind such regulations as it may deem necessary or appropriate to administer or enforce this chapter and such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.
19 Del. C. 1953, §  1114;  55 Del. Laws, c. 19, §  1;  56 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1115. Short title.

§ 1115. Short title.
This chapter shall be known as the “Wage Payment and Collection Act of the State.”
19 Del. C. 1953, §  1115;  55 Del. Laws, c. 19, §  1;  56 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1301. Statement of policy.

§ 1301. Statement of policy.
It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between public employers and their employees and to protect the public by assuring the orderly and uninterrupted operations and functions of the public employer. These policies are best effectuated by:
(1) Granting to public employees the right of organization and representation;
(2) Obligating public employers and public employee organizations which have been certified as representing their public employees to enter into collective bargaining negotiations with the willingness to resolve disputes relating to terms and conditions of employment and to reduce to writing any agreements reached through such negotiations; and
(3) Empowering the Public Employment Relations Board to assist in resolving disputes between public employees and public employers and to administer this chapter.
69 Del. Laws, c. 466, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1303. Public employee rights.

§ 1303. Public employee rights.
Public employees shall have the right to:
(1) Organize, form, join or assist any employee organization except to the extent that such right may be affected by a collectively bargained agreement requiring the payment of a service fee as a condition of employment.
(2) Negotiate collectively or grieve through representatives of their own choosing.
(3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the State.
(4) Be represented by their exclusive representative, if any, without discrimination.
19 Del. C. 1953, §§  1302, 1303;  55 Del. Laws, c. 126;  69 Del. Laws, c. 466, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1305. Public employer rights.

§ 1305. Public employer rights.
A public employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public employer, its standards of services, overall budget, utilization of technology, the organizational structure and staffing levels and the selection and direction of personnel.
69 Del. Laws, c. 466, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1306. Public Employment Relations Board.

§ 1306. Public Employment Relations Board.
The Board, established by § 4006 of Title 14, known as the “Public Employment Relations Board,” shall be empowered to administer this chapter under the rules and regulations which it shall adopt and publish.
69 Del. Laws, c. 466, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1307. Unfair labor practices.

§ 1307. Unfair labor practices.
(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, except with respect to a discretionary subject.
(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.
(b) It is 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 meal period or duty-free periods 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 interfere with the entrance to or egress from any place of employment.
69 Del. Laws, c. 466, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1308. Disposition of complaints.

§ 1308. Disposition of complaints.
(a) The Board is empowered and directed to prevent any unfair labor practice described in § 1307(a) and (b) of this title and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in § 1307(a) and (b) of this title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board; provided, that no complaint shall issue based on any unfair labor practice occurring more than 180 days prior to the filing of the charge with the Board.
(b) (1) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this chapter, such as payment of damages and/or the reinstatement of an employee; provided however, that the Board shall not issue:
a. Any order providing for binding interest arbitration on any or all issues arising in collective bargaining between the parties involved; or
b. Any order, the effect of which is to compel concessions on any items arising in collective bargaining between the parties involved.
(2) If, upon the evidence taken, the Board shall determine that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and conclusions of law and issues and dismiss the complaint.
(3) The Board or any designated agent thereof shall issue its findings of fact and conclusions of law referenced in paragraphs (b)(1) and (2) of this section within 30 days of the close of the record.
(c) In addition to the powers granted by this section, the Board shall have the power, at any time during proceedings authorized by this section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper subject to the limitations of subsection (b) of this section.
69 Del. Laws, c. 466, §  1;  72 Del. Laws, c. 144, §  1;  84 Del. Laws, c. 173, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1309. Appeals; petitions for enforcement.

§ 1309. Appeals; petitions for enforcement.
(a) Any party adversely affected by a decision of the Board under § 1308 or § 1315 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 § 1308 or § 1315 of this title.
69 Del. Laws, c. 466, §  1;  72 Del. Laws, c. 272, §§  5-7;  74 Del. Laws, c. 173, §  2;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1312. Employee organizations required to register and submit annual reports.

§ 1312. 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 designated 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.
69 Del. Laws, c. 466, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1313. Collective bargaining agreements.

§ 1313. 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 representative 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 organization 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 public employee representatives following the consummation of negotiations. The Board shall maintain a current file of all such agreements.
69 Del. Laws, c. 466, §  1;  72 Del. Laws, c. 272, §§  2, 7;  74 Del. Laws, c. 173, §  2;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1314. Mediation.

§ 1314. 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 90 days prior to the expiration of an existing collective bargaining agreement, or, in the case of a compensation bargaining unit of nonhigher education state employees at least 120 days prior to the expiration date of an existing collective bargaining agreement or in the case of a newly certified 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 75 days remain before the expiration of an existing collective bargaining agreement, or, in the case of a compensation bargaining unit of nonhigher education state employees at least 90 days prior to the expiration date of an existing collective bargaining agreement or in the case of a newly certified 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 upon mutual agreement of the parties or from the American Arbitration Association, and shall be representative of the public.
(c) If the labor dispute has not been settled within 30 days after mediation has been requested or less than 60 days remain before the expiration of an existing collective bargaining agreement, the parties jointly or individually may petition the Board in writing to initiate binding 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 arbitration be initiated. The public employer and the exclusive bargaining representative may initiate binding arbitration at any time by mutual agreement. The arbitrator shall be chosen from a list of qualified persons maintained by the Board upon mutual agreement of the parties or from the American Arbitration Association, and shall be representative of the public.
(d) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board.
69 Del. Laws, c. 466, §  1;  72 Del. Laws, c. 272, §§  3, 7;  74 Del. Laws, c. 173, §  2;  76 Del. Laws, c. 178, §  3;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1316. Strikes prohibited.

§ 1316. Strikes prohibited.
(a) No public employee shall strike while in the performance of 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 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 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.
19 Del. C. 1953, §  1312;  55 Del. Laws, c. 126;  56 Del. Laws, c. 376, §  10;  69 Del. Laws, c. 466, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1317. Injunctions.

§ 1317. Injunctions.
(a) Chancery Court is vested with the authority to hear and determine all actions alleging violations of § 1316 of this title. Suits to enjoin violations of § 1316 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 § 1316 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 § 1316 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 § 1316 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.
69 Del. Laws, c. 466, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1318. Status of existing exclusive representative.

§ 1318. 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 September 23, 1994, 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 § 1311(b) of this title, or until the Board finds the unit not to be appropriate in accordance with § 1310(f) of this title.
69 Del. Laws, c. 466, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT › § 1319. Fair share fees.

§ 1319. Fair share fees.
(a) Where the provisions of a collective bargaining agreement so provide, a public employer shall deduct a fair share fee from each nonmember's salary or wages and promptly transmit this amount to the exclusive representative.
(b) As a precondition to the collection of fair share fees, the exclusive representative shall establish and maintain a procedure that:
(1) Provides nonmembers with an adequate explanation of the basis for the fee and any rebate;
(2) Provides nonmembers with a reasonably prompt opportunity to challenge the amount of the fee and any rebate before an impartial decision maker; and
(3) Provides an escrow for the amounts reasonably in dispute while such challenges are pending.
A public employer shall not refuse to carry out its obligations under subsection (a) of this section on the grounds that the exclusive representative has not satisfied its responsibilities under this subsection.
(c) In order to avoid undue delays in the receipt of and determination of the validity of fair share fees or rebates, any suit challenging a fair share fee or rebate must be filed within 6 months after receipt of the notice described in subsection (b) of this section or within 6 months after the nonmember exhausts the procedure described in subsection (b) of this section, whichever is later.
73 Del. Laws, c. 353, §  4;
2023 Delaware Code › Title 19 - Labor › Chapter 15. AGRICULTURAL LABOR › § 1501. Registered contractors.

§ 1501. Registered contractors.
(a) If an employer of migratory or seasonal agricultural labor enters into a contract or agreement with an independent farm labor contractor engaging in interstate recruitment of farm labor as defined in the federal Farm Labor Contractor Registration Act, 7 U.S.C. § 2041 et seq., that employer shall enter into such contract or agreement only after making reasonable efforts to assure that such independent farm labor contractor is in possession of a duly issued certificate of registration from the United States Secretary of Labor pursuant to the Farm Labor Contractor Registration Act.
(b) A good faith presentation to an employer of migratory or seasonal agricultural labor of a prima facie valid certificate of registration under the Farm Labor Contractor Registration Act shall satisfy the obligations imposed upon such employer under this section.
59 Del. Laws, c. 312, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1601. Statement of policy.

§ 1601. Statement of policy.
It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between public employers and their employees, employed as police officers and firefighters, and to protect the public by assuring the orderly and uninterrupted operations and functions of public safety services. These policies are best effectuated by:
(1) Granting to police officers and firefighters the right of organization and representation;
(2) Obligating public employers and organizations of police officers and firefighters which have been certified as representing their employees to enter into collective bargaining negotiations with the willingness to resolve disputes relating to terms and conditions of employment and to reduce to writing any agreements reached through such negotiations; and
(3) Empowering the Public Employment Relations Board to assist in resolving disputes between police officers or firefighters and their public employers and to administer this chapter.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1603. Employee rights.

§ 1603. Employee rights.
Employees shall have the right to:
(1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation to pay any dues, fees, assessments or other charges to, an employee organization shall not be required as a condition of employment.
(2) Negotiate collectively or grieve through representatives of their own choosing.
(3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the State.
(4) Be represented by their exclusive representative, if any, without discrimination.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1604. Employee organization as exclusive representative.

§ 1604. Employee organization as exclusive representative.
(a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the employees in the unit for such purpose and shall have the duty to represent all unit employees without discrimination. Where an exclusive representative has been certified, a public employer shall not bargain in regard to matters covered by this chapter with any employee, group of employees or other employee organization.
(b) Nothing contained in this section shall prevent employees individually, or as a group, from presenting complaints to a public employer and from having such complaints adjusted without the intervention of the exclusive representative for the bargaining unit of which they are a part, as long as the representative is given an opportunity to be present at such adjustment and to make its view known, and as long as the adjustment is not inconsistent with the terms of an agreement between the public employer and the exclusive representative which is then in effect. The right of the exclusive representative shall not apply where the complaint involves matters of personal, embarrassing and confidential nature, and the complainant specifically requests, in writing, that the exclusive representative not be present.
(c) Any employee organization which has been certified as an exclusive representative shall have the right to have its dues deducted and collected by the employer from the salaries of those employees within the bargaining unit who authorize, in writing, the deduction of said dues. Such authorization is revocable at the employee's written request. Said deductions shall commence upon the exclusive representative's written request to the employer. Such right to deduction shall be in force for so long as the employee organization remains the exclusive bargaining representative for the employees in the unit. The public employer is expressly prohibited from any involvement in the collection of fines, penalties or special assessments levied on members by the exclusive representative.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1605. Employer rights.

§ 1605. Employer rights.
A public employer is not required to engage in collective bargaining on matters of inherent managerial policy which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public employer, its standards of services, overall budget, utilization of technology, the organizational structure and the staffing levels, selection and direction of personnel.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1606. Public Employment Relations Board.

§ 1606. Public Employment Relations Board.
The Board, established by § 4006 of Title 14, known as the “Public Employment Relations Board,” shall be empowered to administer this chapter under rules and regulations which it shall adopt and publish.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1607. Unfair labor practices — Enumerated.

§ 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.
(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.
65 Del. Laws, c. 477, §  1;