Delaware Code
Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT
§ 1311A. Collective bargaining in the state service.

(a) Notwithstanding any other provision in this Code, exclusive representatives of the state merit employees, who are in the classified service and not working in higher education, shall collectively bargain in the units as determined pursuant to subsection (b) of this section. The scope of bargaining shall include:

(1) Compensation, which shall be defined as the payment of money in the form of hourly or annual salary, and any cash allowance or items in lieu of a cash allowance to a public employee by reason of said employee's employment by a public employer, as defined in this chapter, whether the amount is fixed or determined by time, task, or other basis of calculations. 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 for purposes of this section; and
(2) Any items negotiable for state merit employees pursuant to § 5938 of Title 29.
(b) Each exclusive representative shall bargain for compensation for the members of its exclusive bargaining unit or units in a mutually agreed upon consolidated manner. The exclusive representative shall work with the Secretary of the Department of Human Resources to determine how its exclusive bargaining unit or units shall be consolidated. If the exclusive representative and the Secretary of the Department of Human Resources are unable to reach an agreement regarding the manner in which to consolidate the bargaining unit or units, negotiations will default to the individual bargaining units as certified by the Public Employment Relations Board.
(c) To the extent a finalized agreement on compensation items requires legislative approval or the appropriation of funds, the Governor shall recommend the same to the General Assembly for the ensuing fiscal years and the agreement provision requiring such appropriation shall be contingent on the specific appropriation of funds by the General Assembly. In the event the General Assembly fails to appropriate the funds necessary to implement the provision of an agreement, that provision shall be returned to the parties for negotiation or the provision may be implemented to the extent consistent with or limited by appropriations from the General Assembly, at the discretion of the General Assembly. Contracts shall be timed to become effective in accordance with the State's fiscal year.
(d) The parties may engage in collective bargaining for compensation simultaneously or separately from collective bargaining for terms and conditions.
(e) The negotiation of collective bargaining agreements shall be staggered over a period of time. Such schedule shall be determined by mutual agreement of the Secretary of Human Resources and the exclusive representative of all bargaining units prior to March 1, 2020. Existing collective bargaining agreements regarding compensation will remain in effect until such time as they, by their terms, expire. The grouping of bargaining units in a consolidated manner as contemplated in subsection (b) of this section, above, shall be determined in advance of the expiration of the collective bargaining agreements existing as of May 30, 2019, that were originally authorized through 76 Del Laws c. 178.
(f) Exclusive bargaining representatives may bargain for different pay rate increases for their individual bargaining units, provided, however, that the compensation for any given bargaining unit or units may not exceed the pay ranges for the respective pay grades, as established in the annual appropriations act.
(g) [Repealed.]

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