Local 514 Transport Workers Union of America v. Keating12/16/2003
__ P.3d __
Local 514 Transport Workers Union of America, Local 627 International Union of Operating Engineers, Local Lodge 898 International Association of Machinists & Aerospace Workers, Local 584 International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers, Local 916 American Federation of Government Employees, Local 1358 National Association of Letter Carriers, Local 1558 International Union, United Auto, Aerospace & Agricultural Implement Workers of America, Oklahoma State AFL-CIO and Edwards Pipeline Services, Inc., Plaintiffs-Appellants, v. Frank Keating, Governor of the State of Oklahoma, Oklahomans for Jobs for Justice, Inc., Kent Duvall, Michelle McKenzie, and Stephen Weese, Defendants-Appellees, Eastern Oklahoma Building & Construction Trades Council, Amicus Curiae.
CERTIFIED QUESTION OF LAW FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
The United States Court of Appeals for the Tenth Circuit has certified questions of state law to this Court under the Oklahoma Uniform Certification of Questions of State Law Act, 20 O.S. 2001 §§ 1601, et seq. The federal court asks:
1. Is severability analysis required in light of the preemption of [Okla. Const.] article XXIII, § 1A(B)(1), § 1A(C), and § 1A(E) (insofar as it enforces § 1A(B)(1), § 1A(B)(5), and § 1A(C)) as to workers covered by the NLRA, as opposed to the 'invalidation' of those provisions?
2. If severability analysis is appropriate, are § 1A(B)(1), § 1A(B)(5), § 1A(C), and § 1A(E) (insofar as it enforces § 1A(B)(1), § 1A(B)(5),and § 1A(C)) severable from the non-preempted portions of § 1A?
We answer "no" to Question 1. Thus, it is unnecessary to answer Question 2.
INTRODUCTION
In September 2001 the people of Oklahoma approved at a special election State Question 695, a referendum submitted to them by a Joint Resolution of the Oklahoma Legislature. Upon its approval by the people, SQ 695 immediately amended the Oklahoma Constitution by adding Art. 23, § 1A. This new provision is usually either called the "right to work law" or the "right to work amendment."
In November 2001, several labor organizations and a pipeline company sued then Oklahoma Governor Frank Keating in the United States District Court for the Eastern District of Oklahoma seeking a declaration that the right to work law was unconstitutional. Later, Oklahomans for Jobs and Justice, a supporter of right to work, and three individual Oklahoma citizens, who are represented by the National Right to Work Legal Defense and Education Foundation, intervened as defendants.
In the trial court the parties agreed that no discovery would be necessary to resolve the issues and that submission of those issues via cross-motions for summary judgment would be appropriate. The trial court entered an order and final judgment on June 5, 2002, Local 514, Transport Workers of America, et al. v. Keating, et al., 212 F.Supp.2d 1319 (E.D. Okla. 2002). In its order, the trial court rejected the plaintiffs' contention that the right to work law should be declared invalid because it was substantially preempted by the Supremacy Clause of the United States Constitution, Art. 6, Cl. 2, and also rejected the plaintiffs' contention that the amendment violated several provisions of the Oklahoma Constitution. Instead, the trial court held, "Plaintiffs' federal constitutional attack against Oklahoma's right-to-work law has no merit and must be rejected." The trial court declined to exercise supplemental jurisdiction over the remaining state law issues raised by plaintiffs.
The trial court held that the right t
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