Delaware Unions laws & HR compliance analysis

Delaware Unions: What you need to know

Most of the protections given to labor organizations are contained in the federal National Labor Relations Act (NLRA). As a federal law, the NLRA is preemptive, meaning that it supersedes state law in the areas that it covers, which include almost all types of private employment. But in the areas it does not cover, such as the rights of farmworkers and employees of businesses that do not engage in interstate commerce, the states are free to make their own provisions. Delaware has not adopted a comprehensive law that regulates the unionization of private employees not covered by federal law.
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The NLRA leaves to the states all questions involving the unionization of public employees. Public employees in Delaware have the right to organize and bargain collectively through an authorized bargaining agent under the Public Employment Relations Act (DE Code Tit. 19 Sec. 1301et seq.). The Act covers such areas as the rights of the employer and employee, unlawful employment practices of each, and the remedies to resolve labor disputes between public employers and their employees.
The Act allows all state employees to engage in collective bargaining over their wages and salaries and divides employees into 12 bargaining units. The law specifically excludes issues such as position classification, healthcare coverage, workers' compensation, disability, and pension programs from the scope of collective bargaining. In order to be recognized as the exclusive representative of a bargaining unit, the employee organization must file a petition with the Public Employment Relations Board. However, the law authorizes the state to voluntarily recognize a union as the bargaining representative for a unit if the ...

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