Local 514 Transport Workers Union v. Keating

and BOUDREAU, J.

¶ 1 The federal courts in this case have determined that the Oklahoma Right to Work amendment, Okla. Court Art. 23 § 1A, has no application to certain employees,1 and further was preempted in part by certain federal legislation.2 The Federal District Court held that even with the invalid and preempted portions out, the Right to Work amendment’s core provisions would have still been enacted, and thus withstood judicial severability analysis.

¶ 2 Preemption questions are those of federal law3 and are not before us today. But severability of a partially invalid set of laws is a…