Merit Employee Relations Board

Providing timely disposition of Merit employee grievance and maintenance review classification appeals.

State Merit Rules Chapter 1

1.0 Introduction

1.1 Pursuant to 29 Del.C. Chapter 59, these Rules apply to initial probationary, Merit and limited term employees, except as otherwise specified, and shall continue in effect until such time as they are amended or modified by the Merit Employee Relations Board (“Board”) or are amended, modified or superseded by amendment to 29 Del.C. Chapter 59.

1.2 In the event of conflict with the Delaware Code, the Code governs. In the event of conflict with individual agency regulations, these rules take precedence. In the event of conflict with Intergovernmental Merit System Standards, the Standards govern federally funded positions subject to the provisions of the Intergovernmental Personnel Act. Federal laws supersede any conflicting state laws.

1.3 If a subject is covered in whole or in part by a collective bargaining agreement, 29 Del.C. §5938(d) provides that the Merit Rules shall not apply to such subject matters. These Rules govern in matters of: classification, uniform pay (except in the case of collective bargaining agreements reached pursuant to §1311A of Title 19), and benefits, examination, screening and ranking, rejection of candidates, appointment, paid leave, promotional requirements and standards, and veteran’s preference. Collective bargaining agreements may govern matters of bargaining unit-specific pay and benefits, probation, emergency employment, transfer and promotional selection processes, reinstatement, performance records, layoff, fines, discipline up to and including dismissal, grievances, work schedules and working conditions.

1.4 The State has the exclusive right to manage its operations and direct employees except as specifically modified by these Rules.

1.5 The Secretary of the Department of Human Resources (“DHR Secretary “) may issue Rule interpretation and application guidelines consistent with these Rules. The DHR Secretary is authorized to establish committees to make recommendations about Human Resources issues.

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