Anthony wedo 201712/7/2023 ![]() However, Moore argued that Delaware is part of the federal court system’s 3rd Circuit and ample room remains for opponents to mount a legal challenge. Supreme Court turned away a challenge to the 6th Circuit ruling, which means the ruling in favor of the local Kentucky law stands for the time being. ![]() Circuit Court of Appeals upholding a local right-to-work ordinance in Kentucky to suggest Delaware is on the right side of the law.įasic noted that the U.S. Kevin Fasic, a Wilmington-based lawyer who specializes in construction law, cited a ruling from the 6th U.S. ![]() “You have the ability, you have the right,” Kittila said. Theodore Kittila, a lawyer speaking on behalf of the Caesar Rodney Institute, a free market think tank that is part of the State Policy Network, told council members that Sussex County has the authority to pass its own right-to-work law. However, two other lawyers who offered their assessments sharply differed, saying the Sussex council was on solid legal footing and should proceed. Moore also said the council should make technical changes to the language of the legislation. Opponents of the Sussex County action could ask a judge for “injunctive relief” from the right-to-work law, Moore said, meaning it wouldn’t be implemented until legal challenges were resolved. > Related: Is Right to Work Coming to Northeast? Kentucky stands out because its counties established the legal right to move forward with their own ordinances in the absence of state-level action. territory of Guam also is a right-to-work jurisdiction. 2.Ī total of 28 states are now right-to-work states, with Kentucky, Indiana, Michigan, Wisconsin, and West Virginia making the move since 2012. In New Mexico, the Sandoval County Council has held two public hearings on its own proposed right-to-work ordinance, and is set to vote on it Nov. The action in Delaware isn’t occurring in a vacuum. If the council passes the measure proposed by member Rob Arlett, the council’s lawyer said, someone will take it to court.īut the five lawmakers, all Republicans, plan to reintroduce the measure officially after making technical changes he recommended. Everett Moore, the lawyer, told the Sussex County Council. “My opinion is that this is not something granted to Sussex County, and we don’t have the authority under home rule,” J. Sussex County doesn’t have the power under Delaware’s home rule statute to pass the legislation against forced unionization, the county council’s lawyer warned Tuesday during a discussion of the bill. GEORGETOWN, Delaware-A right-to-work measure in one of this state’s three counties remains on the agenda despite the objections of a government attorney and dozens of union members who showed up in force.
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