The public employees union that has been working with Delaware General Assembly staffers in their organizing effort now says those staffers can't legally form a union.

AFSCME Council 81 is citing a recent letter to its executive director, Mike Begatto. In the letter, the law firm hired to evaluate the union effort says that there is not "a successful path available for the union."

Legislative staff are "exempt from classified service, thus raising a question about whether the Public Employment Relations Board could ever establish a bargaining obligation for the General Assembly," reads the Feb. 19 letter from Philadelphia-based law firm O'Donoghue & O'Donoghue.

Even if they were able to find a way "past this hurdle," the letter says, there is a "clear separations of powers issue" and "we would be asking the judicial branch to impose a requirement upon the legislative branch through the executive branch."

"It simply does not make sense to pursue an organizing effort because of the restrictions set forth in the law," the letter says.

Legislative staffers announced intent to unionize on Jan. 14, the first day of the 2020 legislative session. The effort was spearheaded by Democratic staffers, whose bosses make up the majority of the General Assembly and usually enjoy the support of state unions during elections.

"We're quite happy that we have people out there with that zealous attitude and the attempts to organize," Begatto said on Monday. "Unfortunately, the law does not allow us a path forward for them."

It's unclear whether the staffers will keep trying to organize. In an emailed statement on Friday evening, organizers said they received the letter on Thursday. The staffers behind the union's email and the Twitter accounts remain unidentified.

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"AFSCME Council 81 and their legal counsel repeatedly assured us that we had the legal right and ability to organize and promised us legal protections afforded to all organizing workers under the law," the General Assembly Union email said. "Now that we are in the early stages of the process that was laid out for us, they appear to be withdrawing that support."

The union email also said AFSCME's "assurances" were a "key part" of the group's decision to organize.

"That they would have a different legal opinion now than during the several months leading up to our announcement is disappointing and dangerous for everyone involved," the union email said.

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When asked if he has seen the union's Friday statement, Begatto said, "I'm not going to banter back and forth with them or anyone else through the newspapers. ... They wanted another meeting, so we'll give them the opportunity to sit with us again so we can re-explain exactly what we found and why we had to send this letter to them."

The bargaining unit is about 45 people, according to one staffer who asked to remain anonymous for fear of retaliation from senior staff and lawmakers.

When announcing the effort on Twitter, organizers claimed the union would be the first of its kind in the country because it was "partisan-inclusive."

Sarah Gamard covers government and politics for Delaware Online/The News Journal. You can reach her at (302) 324-2281 or sgamard@delawareonline.com. You can also follow her on Twitter @SarahGamard.