An advisory opinion has cast serious doubt on whether Sussex County can pass a right to work ordinance. The Delaware State News reported a letter from the state offered the opinion that the powers of the county do not cover the passage of right to work measures.
A right to work law means unions cannot force workers they represent to pay dues in return for negotiating contracts.
Manufacturers often bypass states without right to work laws. Still, a statewide right to work law is unlikely anytime soon, with Dems controlling both houses and the governor’s office.
The letter reflected the generally accepted view that Delaware does not allow local option on employment issues. The state grants only limited powers to counties.
The Daily Signal, an advocacy news website from the right-leaning Heritage Foundation, has written extensively and championed a right to work law for the county, citing a Court of Appeals decision that allowed a Kentucky county to adopt an ordinance. The website noted that the ordinance has a chance of passage since the Sussex Council has an all-Republican line-up.
Following the initial Daily Signal coverage, Sussex County Councilman Robert Arlett pushed for the ordinance and received support from the Caesar Rodney Institute, a free market public policy group. Arlett, a Dagsboro real estate broker, led the Delaware campaign for President Trump.
Sussex has struggled with the loss of good-paying jobs, notably in Seaford, home of the Invista plant. That plant is now down to a small workforce after employing thousands at its peak under the ownership of DuPont.
Right to work backers believe the ordinance would attract larger employers that typically stay close to interstate highways and away from Delmarva.
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