Delaware Code

14 Del. C. § 4008 (2026)

Unfair labor practices — Disposition of complaints

✓ current as of May 2026

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(a) The Board is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in § 4007(a) and (b) of this title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board; provided, that no complaint shall issue based on any unfair labor practice occurring more than 180 days prior to the filing of the charge with the Board.

(b) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this chapter, such as payment of damages and/or the reinstatement of employee. If, upon the evidence taken, the Board shall determine that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and conclusions of law and issues and dismiss the complaint.

(c) In addition to the powers granted by this section, the Board shall have the power, at any time during proceedings authorized by this section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper.

63 Del. Laws, c. 333, § 1; 72 Del. Laws, c. 146, § 1;

Notes of Decisions

Cited in 5 cases, 1974–1996 · leading case: Colonial Educ. Ass'n v. Bd. of Educ. of Colonial Sch. Dist., 685 A.2d 361 (Del. 1996).

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Colonial Educ. Ass'n v. Bd. of Educ. of Colonial Sch. Dist., 685 A.2d 361 (Del. 1996). · cites it 4× “The matter was appealed to the Court of Chancery pursuant to 14 Del.C. § 4008 upon the stipulated facts and the only issues before it were issues of law.”

Capital Educators Ass'n v. Camper, 320 A.2d 782 (Del. Ch. 1974). · cites it 2× “It points out that 14 Del.C. § 4008, the statute authorizing collective bargaining on behalf of school employees, does not require the Board to negotiate piecemeal on a few issues at a time without knowing what the full range of issues might be, especially since funds available…”

Darby v. New Castle Gunning Bedford Educ. Ass'n, 336 A.2d 209 (Del. 1975). “2d 782 (1974), (14 Del.C. § 4008), differs in this critical aspect.”

Newnam v. Bd. of Ed. of Mt. Pleasant Sch. Dist., 350 A.2d 339 (Del. 1975). “14 Del.C. § 4008(c). 3 . We note that the United States District Court has recently held that “Section 4006 (b) seems clearly to -permit the negotiators to bargain on other subjects during contract talks so long as the ultimate agreement is not inconsistent with other Delaware…”

Newman v. Bd. of Educ. of the Mt. Pleasant Sch. Dist., 325 A.2d 387 (Del. Ch. 1974). “14 Del.C. § 4008. The definition of these three terms as contained in 14 Del.”

— 14 Del. C. § 4008(a) — 1 case

Colonial Educ. Ass'n v. Bd. of Educ. of Colonial Sch. Dist., 685 A.2d 361 (Del. 1996). “The matter was appealed to the Court of Chancery pursuant to 14 Del.C. § 4008 upon the stipulated facts and the only issues before it were issues of law.”

— 14 Del. C. § 4008(c) — 1 case

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