The Merit Employee Relations Board (MERB) was established in 1994, pursuant to 29 Del.C. §5906.

The mission of the MERB is to provide timely disposition of Merit employee grievance and maintenance review classification appeals.

The statute requires MERB to conduct public hearings prior to the adoption of any Merit Rule revisions.  The Director of OMB is required to submit proposed Merit Rule changes to the statewide Labor-Management Committee for review and comment prior to submission to the Board.

The Board is also empowered to request that the Director of the Office of Management and Budget (“OMB”) investigate problems or complaints arising from the implementation of the Merit System and the effect of merit policies and procedures on employees in the classified service.

Deadlines for Timely Appeals to MERB

In cases of termination/dismissal, demotion or suspension, appeals must be filed within 30 days of the disciplinary action:

12.9 Employees who have been dismissed, demoted or suspended may file an appeal directly with the Director [of the Office of Management and Budget] or the MERB within 30 days of such action. Alternatively, such employees may simultaneously file directly with the [MERB and the] Director [of the Office of Management and Budget], who must hear the appeal within 30 days. If the employee is not satisfied with the outcome at the Director's level, then the appeal shall continue at the MERB.

To file an appeal of a termination/dismissal, demotion or suspension use the MERB Appeal form.

All other grievances alleging violations of the Merit Rules must be filed within 20 days of receipt of the Step 3 grievance answer:

18.9  If the grievance has not been settled, the grievant may present, within 20 calendar days of receipt of the Step 3 decision or of the date of the informal meeting, whichever is later, a written appeal to the Merit Employee Relations Board (MERB) for final disposition according to 29 Del.C. 5931 and MERB procedures.

Appeals under this section shall be filed in compliance with MERB Operating Rule 10 using the Merit Rule Appeal to MERB Form.