Sussex council will hear right-to-work debate in January

A public hearing on a proposed right-to-work ordinance will be scheduled for Tuesday, Jan. 2, 2018, foiling an attempt to have the hearing in December.

At the end of the Nov. 28 meeting, Sussex County Councilman Rob Arlett, R-Frankford, pressed fellow councilmembers to schedule the hearing possibly during a special meeting in December. “Based on comments today, is it prudent for council to consider a date in December for a public hearing?” he asked.

During a public comment period at the beginning of the council meeting, several residents urged council to place a public hearing on the December calendar.

Arlett said council should act on the proposed ordinance before the Delaware General Assembly has time to pass legislation dealing with the county's home-rule authority. Legislators will be back in session Tuesday, Jan. 9, 2018.

Speaker of the House Rep. Pete Schwartzkopf, D-Rehoboth Beach, said the idea that Democrats in the General Assembly are working to fast-track a bill is blatantly false. “I've had no conversations with anyone,” he said.

Schwartzkopf said he asked for an opinion from a bipartisan legislative attorney. The Nov. 3 memorandum from Holly Vaughn Wagner stated that federal law pre-empts Sussex County from enacting a right-to-work ordinance, even though the county has home rule.

Schwartzkopf said county council now has three legal opinions – including one from their own attorney – against enacting an ordinance. “I don't think the county would be acting in their best interest to go against their county attorney's advice. They will get sued, and he will be the best witness against them. Hopefully, calmer heads will prevail,” he said.

No consensus for December meeting

The issue facing county officials is whether Delaware's home-rule law allows council to enact an ordinance dealing with a labor issue. Under the proposed ordinance, no worker in the county would be required to pay union fees or join a union as a condition of employment. Public workers would be excluded.

Council President Mike Vincent, R-Seaford, said because of advertising deadlines for posting public hearings, timing would be tight to schedule a public hearing in December. Council has one meeting remaining this year, Tuesday, Dec. 12.

Vincent asked for a consensus to schedule a hearing in December, but hearing none, he said the hearing would be scheduled for Tuesday, Jan. 2.

Councilman I.G. Burton, R-Lewes, said he didn’t understand a rush for a public hearing, one he called extremely important. “It’s going to be at least a five-hour hearing with lots of questions and a plethora of information,” he said. “There are two very different sides, and I want to understand both sides.”

Burton said keeping young people in the county with more high-paying jobs is critical. He said if a right-to-work ordinance is a step in that direction it’s worth serious debate.

Council gets conflicting opinions

County council has received conflicting legal opinions on whether it can pass a right-to-work ordinance under the home-rule law granting Sussex County certain powers.

The Delaware state solicitor offered an opinion that the General Assembly, and not Sussex County Council, has authority to enact right-to-work legislation. County attorney Everett Moore shares the same opinion that home rule does not extend to labor issues.

However, in a recent letter, Ted Kittila, an attorney representing the Caesar Rodney Institute, laid out legal reasons why council has authority to pass a right-to-work ordinance.

Richardson says legislation possible

Sen. Bryant Richardson, R-Seaford, who has spoken in favor of the ordinance at several council meetings, said while he is not aware of any proposed legislation, and Schwartzkopf has denied any action is pending, Democrats still might try to fast-track a bill to restrict the power of Sussex County officials under home rule.

Richardson said legislation may still not preclude the council from passing an ordinance. “It would still go to the courts, but any new legislation would complicate the matter,” he said.

He said if the General Assembly enacts legislation, it would show a lack of confidence in the recent state solicitor's opinion concerning home rule.

Richardson was among those who hoped county council would act before the General Assembly goes back into session.

Richardson said right to work is one of several factors – including good schools, proper infrastructure and competitive electric rates – needed to spur economic growth, particularly in the western Sussex area he represents.

He said Delaware is competing with 28 states that have right-to-work legislation in place. “We have a lot of potential here because there are no other right-to-work states in the Northeast,” he said.

What is right to work?

Under the right-to-work law, employees in unionized workplaces cannot be forced to join a union or to pay for any part of the cost of union representation while still receiving the same benefits as union members who pay fees. Twenty-eight states have right-to-work laws in place.