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“Prior to last year the conventional wisdom was that a political subdivision of a state did not have the authority to pass a right to work ordinance such as this ordinance,” said G. Kevin Fasic, an attorney whose Wilmington firm is a member of the Associated Builders and Contractors Delaware Chapter.
“That conventional wisdom has changed by a decision on 6th Circuit Court of Appeals in November of last year which held that a political subdivision such as a county municipality does have the ability under the National Labor Relations Act to pass right to work legislation.”
In Sussex County, Mr. Arlett’s attempt to introduce a right to work ordinance is on hold for at least one week.
ABOUT G. KEVIN FASIC
Mr. Fasic has practiced employment and construction law for over 20 years. His practice is primarily management-based, and includes discrimination claims, wage and hour issues, Davis Bacon/Prevailing Wage claims, employment agreements (including restrictive covenant issues and severance agreements), hiring and firing guidance, unemployment claims, and legislative affairs. He appears frequently before various administrative boards and agencies, as well as private dispute resolution forums. He has experience practicing before all of Delaware’s state and federal trial and appellate courts and has experience with trial and appellate matters in the state and federal courts of New Jersey and Pennsylvania. Mr. Fasic is certified by the Delaware Superior Court as both a Mediator and as an Arbitrator, and can serve in either capacity for labor/employment and construction law disputes.
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