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FEDERATION OF STATE v. DEPT. OF HEALTH

C.A. No. 6159-VCP.

61 A.3d 620 (2012)

AMERICAN FEDERATION OF STATE, County & Municipal Employees, Council 81, Locals 247, 516, 640, 837, 879, 936, 1036, 1443, 1525, 1832, 2030, 2031, 2072, 2305, 2362, and 3514, Charging Parties-Below, Appellants, v. STATE of Delaware, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Department of Correction, Department of Transportation, and Office of Management and Budget, Respondents-Below, Appellees.

Court of Chancery of Delaware.

Decided: October 17, 2012.

Attorney(s) appearing for the Case

Perry F. Goldlust, Esq. , Perry F. Goldlust, P.A., Wilmington, Delaware; Attorney for Appellants.

Elio Battista, Jr. , Deputy Attorney General, State of Delaware Department of Justice, Wilmington, Delaware; Attorney for Appellees.

OPINION

PARSONS, Vice Chancellor.

Pending before this Court is an appeal, brought pursuant to 19 Del. C. § 1309, from two orders by the Public Employment Relations Board ("PERB").

The State and its agencies are parties to a number of collective bargaining agreements that provide for overtime compensation after 37.5 hours of work per week and, in some cases, a career ladder which promotes employees based on the completion of certain training...

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