AFSCME Locals 1102 & 320 v. City of Wilmington

PARSONS, Vice Chancellor.

The City of Wilmington (the “City”) and the Fraternal Order of Police Lodge (“FOP”) move to dismiss the appeal of AFSCME Locals 1102 and 320 (“AFSCME” or the “Locals”) under Court of Chancery Rules 12(b)(4) and (5) for improper service and 12(b)(1) for lack of subject matter jurisdiction. This is the Court’s decision on that motion. For the reasons stated below, the Court concludes that the action must be dismissed for lack of subject matter jurisdiction.

I. Facts

Locals 320 and 1102 are part of the American Federation of State, County and Municipal Employees, AFL-CIO…