Ruling against a union, the Delaware Superior Court determined the University of Delaware does not qualify as a “subdivision of the state” for the purposes of Delaware’s prevailing wage law.

The decision represented the first time a state court addressed whether Delaware’s flagship university falls under the umbrella of the State Procurement Act’s prevailing wage law provision, which requires contractors on public works projects to pay their workers at least the prevailing wage, specified according to an annual survey conducted by the Department of Labor.