American Federation of Employees, Local No. 572 v. City of Dover

Memorandum Opinion

On August 22, 1975, twenty union and five nonunion employees refused to punch in their time cards and commence work following a labor dispute. The Dover city manager discharged these employees on the grounds that they violated an existing labor agreement and participated in an illegal strike.

The plaintiffs petitioned the superior court and asked that pending a hearing on the merits the city be temporarily enjoined from hiring replacement employees and for a temporary order reinstating the discharged employees. The Trial Court (Mullavey, J.), after hearing, ordered the…