§ 4017 — Injunctions

(a) Chancery Court is vested with the authority to hear and determine all actions alleging violation of § 4016 of this title. Suits to enjoin violations of § 4016 of this title will have priority over all matters on the Court’s docket except other emergency matters.

(b) Where it appears that any public school employee, group of employees, employee organizations or any officer or agent thereof, threaten or are about to do, or are doing, any act in violation of § 4016 of this title, the public school employer may forthwith apply to the Court of Chancery for an injunction against such violation.

(c) If an order of the Court enjoining or restraining a violation of § 4016 of this title does not receive immediate compliance, the public school employer shall apply to the Court for appropriate contempt sanctions against any party in violation of such order. Upon a proper showing that any person or organization has failed to comply with such an order, the Court shall, in addition to any other remedy it deems appropriate, fine such violating party an amount on a daily, weekly or monthly basis without limitation as determined by the Court.

(d) In determining an appropriate amount for fines imposed pursuant to subsection (c) of this section, the Court shall consider and receive evidence of:

(1) The extent and value of services lost due to the violation of § 4016 of this title.

(2) Any unfair labor practices committed by either party during the collective bargaining process.

(3) The extent of the wilful defiance or resistance to the Court’s order.

(4) The impact of the strike on the health, safety and welfare of the public.

Legislative History

63 Del. Laws, c. 333, § 1