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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1985 By: Lepak
AS INTRODUCED
An Act relating to school employees; prohibiting
specified existing organizations from continuing to
represent employees after certain date; requiring a
school district board of education to hold secret
ballot election; directing the board of education to
determine how the election shall be conducted;
authorizing the board of education to establish a fee
schedule to fund the election; elimin ating
recognition of organization if it fails to receive a
majority of votes; providing for continuation of
contract terms if an organization is eliminated;
providing exception; allowing board of education to
recognize a new employee organization under cer tain
circumstances; providing requirements for elections
to certify majority support; amending 70 O.S. 2011,
Section 5-139, as amended by Section 1, Chapter 193,
O.S.L. 2018 (70 O.S. Supp. 2020 , Section 5-139),
which relates to payroll deductions; prohibit ing
certain payroll deductions; amending Section 1,
Chapter 5, O.S.L. 2015 (62 O.S. Supp. 2020 , Section
34.70.1), which relates to state agency payroll
deductions; modifying prohibition against payroll
deductions on behalf of certain employees for certain
membership dues; modifying date of application;
providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 509.12 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. No existing employee organization established pursuant to
the provisions of Section 509.2 of Title 70 o f the Oklahoma Statutes
shall continue to represent employees as defined in Section 509.2 or
1-116 of Title 70 of the Oklahoma Statutes after December 31, 2020,
except as provided for in this section.
B. 1. A school district board of education shall hold a secret
ballot election for all employees in any bargaining unit represented
by an existing employee organization to determine whether the
organization retains support of a majority of all employees in the
bargaining unit.
2. The school district board o f education shall determine
whether elections shall be conducted in person, by mail, by
telephone, by Internet -based systems or by any other means
determined by the board of education to be fair, confidential and
reliable. The board of education shall all ow employees in the
bargaining unit to cast ballots for a period of five (5) business
days.
3. The school district board of education may establish a fee
schedule, consistent with the provisions of Section 509.2 of Title
70 of the Oklahoma Statutes, for e mployee organizations subject to
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elections conducted pursuant to the provisions of this section for
the purpose of funding the election.
C. If a majority of all employees in the bargaining unit votes
in favor of retaining the existing employee organizatio n, the
organization shall remain the representative of employees in the
bargaining unit pursuant to the provisions of Section 509.2 of Title
70 of the Oklahoma Statutes. If a majority of all employees in the
bargaining unit do not vote in favor of retaini ng the existing
employee organization, the school district board of education shall
no longer recognize the organization as the representative of
employees in the unit and the employees shall be unrepresented.
D. When an existing employee organization is no longer
recognized, the terms of any preexisting contract between the
employee organization and the school district employees represented
by the organization shall continue and remain in effect for the
remaining contract term, except for any provisions i nvolving in any
manner the employee organization including, but not limited to,
organization security, dues, fees, grievances and arbitration.
E. A school district board of education may recognize a new
employee organization in accordance with the provisi ons of Section
509.2 of Title 70 of the Oklahoma Statutes, but the new employee
organization may not be substantially similar to or affiliated with
an employee organization that has lost recognition pursuant to the
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provisions of subsection C of this sectio n for twelve (12) months
from the date of the loss of recognition.
F. The school district board of education shall hold an
election to certify majority support of existing employee
organizations no earlier than August 1, 2021, and no later than
December 1, 2021, and every three (3) years thereafter. Elections
shall occur no earlier than August 1 and no later than December 1.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 5 -139, as
amended by Section 1, Chapter 193, O.S.L. 2018 (70 O .S. Supp. 2020,
Section 5-139), is amended to read as follows:
Section 5-139. School A. Except as provided by subsection B of
this section, school districts shall make payroll deductions for
either or both professional organization dues and political
contributions at the written request of any school employee and
shall transmit deducted funds to the organization designated by the
school district employee. Such deductions shall be on a ten -month
basis unless otherwise designated by the employee organizati on.
However, a school employee may request at any time in writing,
including by email or fax, for the school district to immediately
terminate or initiate payroll deductions to a professional
organization. Upon receipt of any written request, the school
district shall within five (5) business days or by the next pay
period, whichever is earlier, terminate or initiate any future
payroll deductions of the requesting school employee to a
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professional organization. Upon receipt of a written request, the
school district shall notify the professional organization of the
initiation or termination of payroll deductions within fifteen (15)
business days. If the request is to terminate a deduction, the
school district shall not make any advance payments to any
professional organization of any future dues on behalf of the school
employee. No school district policy or negotiated agreement shall
place any other conditions or requirements, including but not
limited to personal hand delivery, upon any employee to initi ate or
terminate any payroll deduction to a professional organization
except for a written request as outlined in this section. Any
school district policy or provision in a negotiated agreement that
places additional conditions or requirements on initiati on or
termination beyond those outlined in this section shall be null and
void. A school district which fails to terminate payroll deductions
for an employee in accordance with this section shall immediately
reimburse the employee the amount of all payrol l deductions made by
the school district after the employee 's request, and the amount due
the employee shall double every thirty (30) days until paid in full.
B. School districts shall not make payroll deductions for any
public employee association or org anization or professional
organization that collectively bargains on behalf of its membership.
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SECTION 3. AMENDATORY Section 1, Chapter 5, O.S.L. 2015
(62 O.S. Supp. 2020, Section 34.70.1), is amended to read as
follows:
Section 34.70.1 A. It shall be unlawful for any state agency
or school district to make payroll deductions on behalf of a state
an employee for membership dues in any public employee association
or organization or professional organization that on or after
November 1, 2015 December 31, 2021, collectively bargains on behalf
of its membership pursuant to any provision of federal state law.
B. For purposes of this section:
1. "State agency" means any office, officer, bureau, board,
counsel, court, commission, insti tution, unit, division, body or
house of the executive or judicial branches of the state government,
whether elected or appointed, excluding political subdivisions of
the state. State agency shall include public school districts, the
Oklahoma State Regent s for Higher Education, the institutions,
centers, or other constituent agencies of The Oklahoma State System
of Higher Education, the State Board of Career and Technology
Education, technology center school districts, the State
Legislature, and the Office of the Governor; and
2. "Public employee" means an elected or appointed officer or
employee or contract employee of a state agency as defined in this
section, unless otherwise indicated.
SECTION 4. This act shall become effective July 1, 2021.
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SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its pas sage and approval.
58-1-6292 LRB 01/15/21