Supreme Court of Delaware
Superior Court of the State of Delaware, Petitioner Below, Appellant v. State of Delaware Public Employment…
January 19, 20102010 Del. LEXIS 28
Summary
The court held that the Public Employment Relations Board lacks jurisdiction to determine the bargaining representation of Superior Court bailiffs because the Chief Justice has exercised constitutional authority over judicial-branch employment relations. Although the Public Employment Relations Act generally encompasses the Superior Court and does not conflict irreconcilably with the statute governing bailiff employment, applying the Act to the judiciary would violate separation of powers. The court therefore granted the Superior Court's petition for a writ of prohibition.