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ROBISON v. FRANCIS

Nos. S-493, S-510 and S-552.

713 P.2d 259 (1986)

James ROBISON, Commissioner of Labor; Robert Bacolas, Director, Division of Labor Standards and Safety; Donald Wilson, Deputy Director of the Division of Labor Standards and Safety; James R. Carr, Supervisor of the Wage and Hour Administration; the Department of Labor of the State of Alaska, and the State of Alaska, and the International Association of Bridge, Structural and Ornamental Ironworkers, Local 751, Appellants, v. James N. FRANCIS, Appellee. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRONWORKERS, LOCAL 751, Appellant, v. James N. FRANCIS, Appellee. James N. FRANCIS, Appellant, v. James ROBISON, Commissioner of Labor; Robert Bacolas, Director, Division of Labor Standards and Safety; Donald Wilson, Deputy Director of the Division of Labor Standards and Safety; James R. Carr, Supervisor of the Wage and Hour Administration; the Department of Labor of the State of Alaska, and the State of Alaska, and the International Association of Bridge, Structural and Ornamental Ironworkers, Local 751, Appellees.

Supreme Court of Alaska.

January 17, 1986.

Attorney(s) appearing for the Case

Jan Hart DeYoung, Asst. Atty. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for State Dept. of Labor, James Robison, Robert Bacolas, Donald Wilson, and James C. Carr.

Allison E. Mendel, Jermain, Dunnagan & Owens, Anchorage, for International Ass'n of Bridge, Structural and Ornamental Ironworkers, Local 751.

Ron Zobel, Anchorage, for James N. Francis.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Justice.

We hold in this case that Alaska's local hire law, AS 36.10.010,1 which requires that work on public construction projects be performed almost entirely by Alaska residents, violates the privileges and immunities clause of article IV, § 2 of the United States Constitution.

I. FACTUAL AND PROCEDURAL SETTING

James Francis, a Montana resident, was employed in 1983 as an ironworker...

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