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SUPERIOR COURT v. STATE PERB.

No. 518,2009.

988 A.2d 429 (2010)

SUPERIOR COURT of the State of Delaware, Petitioner Below, Appellant, v. STATE of Delaware PUBLIC EMPLOYMENT RELATIONS BOARD, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: January 19, 2010.

Attorney(s) appearing for the Case

Jennifer D. Oliva, Esquire (argued), Ilona M. Kirshon, Esquire, State of Delaware Department of Justice, Wilmington, Delaware, for Appellant.

William W. Bowser, Esquire (argued), Kathaleen McCormick, Esquire and Alex D. Thaler, Esquire, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court

BERGER, Justice.

In this appeal we consider whether the Public Employment Relations Board (PERB) has jurisdiction over the Superior Court's labor relations with its bailiffs and peace officers (collectively, bailiffs). The issue arises from a petition by the United Food and Commercial Workers (the UFCW or the Union) to represent the bailiffs. It is important to note at the outset that the issue is not whether bailiffs may organize collective bargaining units—...

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