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AMERICAN FEDERATION OF STATE v. STATE

No. 336, 1996.

696 A.2d 387 (1997)

AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 81, LOCAL 2004, Petitioner Below, Appellant, v. STATE of Delaware, DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES, and Delaware Public Employment Relations Board, Respondents Below, Appellees.

Supreme Court of Delaware.

Decided: July 7, 1997.

Attorney(s) appearing for the Case

Perry F. Goldlust (argued), and Susan E. Kaufman, Heiman, Aber & Goldlust, Wilmington, for Appellant.

Janice R. Tigani (argued), and Michele C. Gott, Deputy Attorneys General, Department of Justice, Wilmington, for Appellees.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT, and BERGER, JJ., constituting the Court en Banc.

WALSH, Justice.

In this appeal from the Court of Chancery, we confront the question of whether the Public Employment Relations Board of the State of Delaware lacked jurisdiction to consider an unfair labor practice complaint arising out of an employee grievance. The Court of Chancery ruled that the Board correctly declined jurisdiction because the underlying grievance arose out of a job reclassification dispute under the State Merit System. We

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