Robison v. Francis

713 P.2d 259, 54 U.S.L.W. 2375, 1986 Alas. LEXIS 288
CourtAlaska Supreme Court
DecidedJanuary 17, 1986
DocketS-493, S-510 and S-552
StatusPublished
Cited by14 cases

This text of 713 P.2d 259 (Robison v. Francis) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robison v. Francis, 713 P.2d 259, 54 U.S.L.W. 2375, 1986 Alas. LEXIS 288 (Ala. 1986).

Opinions

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 by Re-gan Steel & Supply, a sub-contractor on a North Pole High School project. When the Department of Labor discovered that Re-gan Steel had a work force of more than five percent non-residents on the project, it sent an enforcement notice to the company. As a result, the company discharged Francis.

Francis sued the state and various state officials,2 seeking a declaration that the local hire law is unconstitutional under the privileges and immunities and the equal protection clauses of the United States Constitution and under the equal rights clause of the Alaska Constitution. In addition, injunctive relief and damages under 42 U.S.C. § 1983 were sought.

Following a non-jury trial, the superior court entered a partial final judgment declaring that the statute violated the privileges and immunities clause. In support of its decision, the court filed detailed findings of fact, including the following:

Between April, 1980, and July, 1982, the population of Alaska has grown by nearly fifteen percent (15%).
The population of Alaska has increased in the recent past more rapidly than at any other time in its history, and the State is growing more rapidly than other states in the union.
Property values in Alaska have been increasing over the last five years.
Alaska is not a depressed area as that term is used in the economics profession. All sectors of the Alaska economy are expanding and Alaska has experienced very rapid economic growth since 1980. Employment in Alaska in 1983 was at record levels, and the rate of increase [262]*262was the best since the days of the Alaska Pipeline in 1974-1975.
In 1983, the construction industry was the strongest sector in the state’s economy, and it has had the greatest impact on the Alaska economy since the Alaska Pipeline years.
The construction industry in Alaska was exceptionally strong in both the public and private sectors during 1983.
The major factor affecting the level of employment in Alaska in the construction industry is climatic changes as a result of extreme temperature differentials in the winter and summer months. Construction declines to substantially lower levels during the winter months, and increases, peaking out in August and September, during the latter summer months. During the peak periods of construction activity, the state experiences its lowest rate of unemployment.
The expenditure of state funds are a major factor affecting the level of employment in Alaska generally, and the construction industry in particular. The state expenditure for public works projects accounts for approximately sixty to seventy percent (60% to 70%) or more of the total annual construction dollar outlay within the state.
Private investment has a lesser effect on the level of construction activity from year to year in the State of Alaska, and such effect, from time to time, is affected by interest rates.
Unemployment is substantially greater in the rural areas than in the urban areas. The unemployment rate in Anchorage is less than the national average, while in the rural areas, it is greater than the national average and greater than the average within the State of Alaska.
The construction activity is greater within the urban area than within the rural areas. Unemployment is less within the urban areas than within the rural areas. Rural Alaskans lack the training that urban Alaskans have access to in construction work.
In-migration in the State of Alaska is a factor affecting unemployment in the construction industry in Alaska. Reasonable inferences from the evidence support a finding that most of the job seekers coming to Alaska intend to become residents upon their entry into the state, thus contributing to the rapid population growth within the state.
There is not sufficient evidence to support a finding that nonresident construction workers are a peculiar source of unemployment in the construction industry in Alaska any more than they would be in any other state. The only inference that can be drawn from the record is that nonresident construction workers come to Alaska to work during peak construction periods of time, during which there are more jobs available and less unemployment resulting.

Among the court’s conclusions of law were:

The right to obtain employment in any state is a fundamental right and is a privilege which shall be immune from any burden unless the State of Alaska can show a legitimate purpose for such burden. In this case, the State has failed to establish by a preponderance of the evidence such a legitimate purpose.
The defendants and intervenor have failed to prove by a preponderance of the evidence that nonresident construction workers constitute a peculiar source of unemployment in the State of Alaska. Serious factors affecting unemployment within the State of Alaska are the extreme climatic conditions, the change in the legislative appropriation for public works construction projects, the extreme rapid growth of population experienced by Alaska, and the wildly fluctuating interest rates which have a direct effect on the private sector construction spending. Statistics over the last several years demonstrate that Alaska’s unemployment rate has increased at a rate lesser than the nationwide average. Whereas Alaska’s unemployment rate for several years was substantially greater than the
[263]*263nationwide rate, it now stands much closer to the national average, further supporting the conclusion that nonresident employment is not a serious factor in the unemployment rate in Alaska.
The State and the intervenor have failed to prove by a preponderance of the evidence that there is a substantial reason to discriminate against employment of citizens of other states on public works construction projects within the State of Alaska.
The State and intervenor have failed to prove by a preponderance of the evidence that the preference granted Alaska residents is closely tailored to alleviate unemployment in the construction industry in the State of Alaska.

II. PURPOSE OF THE PRIVILEGES AND IMMUNITIES CLAUSE

The privileges and immunities clause of section 2, article IV of the United States Constitution provides:

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.3

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Bluebook (online)
713 P.2d 259, 54 U.S.L.W. 2375, 1986 Alas. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robison-v-francis-alaska-1986.