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LOCAL 514 TRANSPORT WORKERS v. KEATING

No. 02-7077.

358 F.3d 743 (2004)

LOCAL 514 TRANSPORT WORKERS UNION OF AMERICA; Local 627 International Union of Operating Engineers; Local Lodge 898 International Association of Machinists and Aerospace Workers; Local 584 International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers; Local 916 American Federation of Government Employees; Local 1358 National Association of Letter Carriers; Local 1558 International Union, United Auto, Aerospace and Agricultural Implement Workers of America; Oklahoma State AFL-CIO; Edwards Pipeline Services, Inc., Plaintiffs-Appellants, v. Frank KEATING, Governor of the State of Oklahoma, Defendant-Appellee, Oklahomans for Jobs and Justice, Inc.; Kent Duvall; Michelle McKenzie; Stephen Weese, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

February 13, 2004.

Attorney(s) appearing for the Case

Laurence E. Gold, AFL-CIO, Washington, D.C. (James E. Frasier, Steven R. Hickman, Frasier, Frasier & Hickman, Tulsa, OK; Gene Stipe, Eddie Harper, Stipe Law Firm, McAlester, OK; and Gerald B. Ellis, Tulsa, OK, with him on the brief) for Plaintiffs-Appellants.

John N. Hermes, McAfee & Taft, Oklahoma City, OK (D. Kent Meyers, Mary H. Tolbert, Crowe & Dunlevy, Oklahoma City, OK, with him on the brief) for Defendants-Appellees Frank Keating and Oklahomans for Jobs and Justice, Inc.

John R. Martin, National Right to Work Legal Defense Foundation, Inc., Springfield, VA, for Defendants-Appellees Kent Duvall, Michelle McKenzie and Stephen Weese.

Before SEYMOUR, PORFILIO, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Plaintiffs filed a complaint in district court seeking a declaration that numerous provisions of article XXIII, § 1A of the Oklahoma Constitution were preempted by federal law and that any remaining nonpreempted provision was not severable from the preempted provisions. The district court concluded as follows: (1) the only provisions of article XXIII, § 1A that were preempted by federal labor...

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