10 Del. Admin. Code § 201-3.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 201-3.0 - Registration of Employee Organizations

3.1 Any employee organization representing or seeking to represent employees employed by a Delaware video lottery agent shall register with the Director of the Agency. An employee organization shall be required to file a registration application with the Agency within ten (10) business days after it secures a signed authorization card from any employee who is employed by a Delaware video lottery agent. Any registration statement filed by an employee organization after the signature of an authorization card but prior to the employee organization's petition for election shall not be subject to disclosure by the Agency to any video lottery agent.

3.2 The employee organization shall register with the Agency on registration forms supplied by the Agency. Registration forms shall require the employee organization to provide the following, without limitation:

3.2.1 The name of the registrant as shown on its charter or in its constitution;

3.2.2 The current and former business addresses of the registrant, including the address of any office where matters pertaining to employees of a video lottery agent will be conducted;

3.2.3 The names of all persons principally involved in the original creation of the employee organization;

3.2.4 The name and address of:

3.2.4.1 all affiliates which are either a parent body or any superior organization with any right or ability to control, supervise, discipline or set policy for this organization;

3.2.4.2 all affiliates which are chartered by the same parent body as this organization;

3.2.4.3 all affiliates which are governed by the same constitution or bylaws.

3.2.5 The nature of the actual or probable involvement of any affiliate which represents or is seeking to represent employees who are employed by a video lottery agent, or which is involved or seeking to be involved in the control or direction of such representation.

3.2.6 Information on any pension or welfare system maintained by the employee organization that hold any direct financial interest in any video lottery agent or technology provider.

3.2.7 Disclosure of pension and welfare systems maintained by the employee organization and the names and titles of each officer or agent responsible for management of the pension or welfare system.

3.2.8 With respect to all employee organization personnel:

3.2.8.1 Full name, including any known alias or nickname;

3.2.8.2 Designation of all key labor employees in the employee organization;

3.2.8.3 Title or other designation in the employee organization;

3.2.8.4 A brief description of the duties and activities of each individual;

3.2.8.5 The business address and telephone number of each individual; and,

3.2.8.6 Annual compensation including salary, allowances, and other direct or indirect disbursements (including reimbursed expenses).

3.2.9 Any other information the Director determines is needed to determine the competence, honesty, and integrity of the applicant as required by Title 29 of the Delaware Code.

3.2.10 A written certification under oath in a form signed by the local employee organization president and secretary-treasurer, and chief official of the local employee organization if his title is other than president or secretary-treasurer, that the information contained on the application is complete and accurate.

3.2.11 A statement whether the employee organization has ever been found by any court or governmental agency to be unsuitable to represent employees under a federal or state labor statute.

3.2.12 A list of any litigation involving the employee organization over the last five years.

3.2.13 A Release Authorization directing all courts, probation departments, selective service boards, employers, educational institutions, financial and other institutions and all governmental agencies to release any and all information pertaining to the registrant as requested by the Agency or the Delaware State Police.

3.2.14 A waiver of liability as to the State and its instrumentalities and agents for any damages resulting to the registrant from any disclosure or publication of information acquired during the investigation process.

3.3 To the extent, if any, that the information supplied in the registration or otherwise supplied by the employee organization or on the employee organization's behalf, becomes inaccurate or incomplete, the employee organization shall so notify the Agency in writing as soon as it is aware that the information is inaccurate or incomplete, and shall at that time supply the information necessary to correct the inaccuracy or incompleteness of the information.

3.4 Upon request of the Agency, the employee organization shall supplement the information provided in the registration form as deemed necessary by the Agency.

3.5 All registration statements filed under these Regulations shall be valid for a one-year period and a renewed registration form or an updated supplemental registration form must be filed annually. The employee organization filing the registration form is under a continuing duty to promptly notify the Director of the Agency of any changes in disclosed information.

10 Del. Admin. Code § 201-3.0