Delaware § 1319 - Fair share fees.
Full text of Delaware Delaware Code § 1319 — Fair share fees., with citation guidance and answers to common questions.
§ 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;Frequently Asked Questions About Delaware § 1319
What does Delaware Code § 1319 cover?
Section 1319 ("Fair share fees.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 1319?
A common citation format is "Delaware Code § 1319" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 1319 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.