Delaware § 1304 - Employee organization as exclusive representative.

§ 1304. 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) The public employer shall deduct from the payroll of the public employee the monthly amount of dues or service fee as certified by the secretary of the exclusive bargaining representative and shall deliver the same to the treasurer of the exclusive bargaining representative as follows:

(1) In compliance with § 1319 of this title.

(2) If the collective bargaining agreement does not contain a provision enforceable under § 1319 of this title, upon the written authorization of any public employee within a bargaining unit. Authorization under this paragraph (c)(2) is revocable at the employee’s written request as follows:

a. If the revocation period is established by the terms of the authorization, the terms of the authorization must have 1 or more revocation periods annually and authorization may be revoked as follows:

1. In the manner established by the terms of the authorization and effective as provided by the terms of the authorization.

2. If the manner for revocation is not established by the terms of the authorization, by a request to the exclusive bargaining representative.

3. If the effective date of a revocation is not established by the terms of the authorization, the revocation is effective on the employee’s anniversary date.

b. If the authorization does not specify a revocation period, by a request to the employer during the period 15 to 30 days before the employee’s anniversary date of employment, effective on the employee’s anniversary date.

(3) A deduction under subsection (c) of this section commences upon the exclusive representative’s written request to the employer. Such right to deduction remains in force for so long as the employee organization remains the exclusive bargaining representative for the employees in the unit.

(d) 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.

19 Del. C. 1953, §  1303;  55 Del. Laws, c. 126;  69 Del. Laws, c. 466, §  1;  81 Del. Laws, c. 240, § 1;