2016 Delaware Code
Title 14 - Education
CHAPTER 40. PUBLIC SCHOOL EMPLOYMENT RELATIONS ACT
§ 4019. Fair share fees.

(a) If the provisions of a collective bargaining agreement so provide, each nonmember of a bargaining unit shall be required to pay the exclusive representative a fair share fee.

(b) To implement fair share fee agreements in accordance with subsection (a) of this section, the exclusive representative shall provide the public school employer with the name of each nonmember who is obligated to pay a fair share fee, the amount of the fee that the nonmember is obligated to pay and a reasonable and lawful schedule for deducting said amount from the salary or wages of such nonmember. The public school employer shall deduct the fee in accordance with said schedule and promptly transmit the amount deducted to the exclusive representative.

(c) As a precondition to the collection of fair share fees, the exclusive representative shall establish and maintain a procedure that:

(1) Provides nonmembers with an adequate explanation of the basis for the fee;

(2) Provides nonmembers with a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker; and

(3) Provides an escrow for the amounts reasonably in dispute while such challenges are pending.

A public school employer shall not refuse to carry out its obligations under subsection (b) of this section on the grounds that the exclusive representative has not satisfied its responsibilities under this subsection.

(d) Since fair share fees are collected each school year, in order to avoid undue delays in the receipt of, and determination of the validity of, fair share fees, any suit challenging a fair share fee must be filed within 6 months after receipt of the notice described in subsection (c) of this section, or within 6 months after the nonmember exhausts the procedure described in subsection (c) of this section, whichever is later.

69 Del. Laws, c. 199, § 3; 70 Del. Laws, c. 186, § 1.;