(a) Employees in Class I bargaining units, as determined by section 371 of this chapter, may strike as a lawful means of promoting their collective employee interests. Once a strike, sanctioned by the exclusive representative, commences, the bargaining unit or its exclusive representative may not elect to resolve the dispute, which is the subject of the strike, by the impasse procedure set forth in section 376 of this chapter unless the public employer agrees to resolve the dispute by this impasse procedure and so notifies the PERB. Prior to any strike, both sides may mutually agree, in writing filed with the PERB, to resolve the dispute by the impasse procedure. If both sides so agree, no strike by the employees of that bargaining unit, for whatever reason, is lawful prior to the inclusion of the impasse procedure. Failure of the impasse procedure to culminate in a determination within the time required shall be deemed a conclusion under this section.
(b) Employees in Class II bargaining units, as determined by section 371 of this chapter, may strike in the same manner, with the same options, and subject to the same limitations as is provided in subsection (a) of this section for employees in Class I units; Provided, however, That no strike by employees in Class II units is lawful after a judge of the division of the Superior Court with jurisdiction over the striking employees, after appropriate hearing, enjoins such strike; and Provided, further, That the exclusive representative shall give not less than 72 hours notice of an intent to strike to the public employer and the PERB before commencing any strike. The Superior Court shall enjoin a strike under this subsection upon the request of the public employer if the Court determines any of the following:
(1) that lawful notice of the intent to strike was not given; or
(2) that the strike has, or if permitted to commence or continue will, seriously harm the health or safety of the public; or
(3) the exclusive representative has not made a good faith attempt to reach an agreement; or
(4) the strike is in violation of any provision of this chapter. If a strike is enjoined, the issues in dispute shall be decided by the impasse procedure provided by section 376 of this chapter.
(c) Employees in Class III bargaining unit, as determined by section 371 of this chapter, shall not strike at any time. Any strike or attempt to strike by employees in Class III units shall be immediately enjoined by a judge of the Superior Court upon motion by the public employer. The exclusive representative of employees in Class III units may elect to submit any dispute to the impasse procedure of section 376 of this chapter, and the dispute shall be decided by such procedure whether or not the public employer has agreed to submit the dispute to such procedure.
(d) Notwithstanding any provision of law to the contrary, no public employee not a member of an appropriate bargaining unit represented by a certified exclusive employee organization which has sanctioned a strike shall strike at any time, and no public employee shall strike when such strike is a violation of the provisions of this chapter or the provisions of a valid agreement applicable to such employee.