19 Del. Admin. Code § 3002-6.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 3002-6.0 - Petitions for Declaratory Statement

6.1 Filing of a Petition

6.1.1 A public employer, an exclusive representative or a public employee may file a petition with the Board for a declaratory statement.

6.1.2 A petition may be filed when there exists a controversy concerning:

6.1.2.1 A potential unfair labor practice;

6.1.2.2 Whether a matter is within the scope of collective bargaining as defined by statute; or

6.1.2.3 The application of any statutory provision or regulation or order of the Board.

6.1.3 A controversy exists within the meaning of this Regulation when:

6.1.3.1 The controversy involves the rights and/or statutory obligations of a party seeking a declaratory statement;

6.1.3.2 The party seeking the declaratory statement is asserting a statutory claim or right against a public employer, an exclusive representative or a public employee who has an interest in contesting that claim or right;

6.1.3.3 The controversy is between parties whose interests are real and adverse; and

6.1.3.4 The matter has matured and is in such a posture that the issuance of a declaratory statement by the Board will facilitate the resolution of the controversy.

6.2 Contents of a Petition

6.2.1 The full name, address and telephone number of the party seeking the declaratory statement and any other party who may have a right and/or interest adversely affected by the petition;

6.2.2 A clear and concise statement of the matter or matters in dispute for which a determination by the Board is sought;

6.2.3 A clear and concise statement of the facts underlying the controversy which shall indicate that the controversy is one which may be properly resolved under this section;

6.2.4 A statement that the dispute has arisen:

6.2.4.1 During the course of collective bargaining, and that one party seeks to negotiate with respect to a matter or matters which the other party contends is not a required subject for bargaining;

6.2.4.2 Over the contemplation of an act by one of the parties that the other contends is an unfair labor practice under the Acts; or

6.2.4.3 Concerning the application of any provision of the Acts, or regulation or order of the Board.

6.2.5 A statement of the reason why a declaratory statement will assist in the prompt resolution of the controversy.

6.3 Response to Petition. Each party who receives the petition may, within five (5) days after receipt of the petition, respond to the petition by submitting a brief description of the nature of the controversy and a response to the petitioner's statement of the reasons why a declaratory statement would facilitate the resolution of the labor dispute.

6.4 Consolidation of a Petition

6.4.1 The Executive Director shall then dispose of the petition by declining to issue a declaratory statement or by requesting that the parties file briefs or by scheduling a hearing, if necessary, which shall be conducted in accordance with Section 7, or by issuing a declaratory statement.

6.4.2 If the Executive Director issues a declaratory statement, it shall be rendered within thirty (30) days from the date upon which the record is formally closed.

6.5 Review of the Decision. The decision of the Executive Director shall be subject to review in accordance with the procedures set forth in Regulation 7.4

19 Del. Admin. Code § 3002-6.0