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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 1985 By: Lepak
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37	37
38	38	AS INTRODUCED
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40	40	An Act relating to school employees; prohibiting
41	41	specified existing organizations from continuing to
42	42	represent employees after certain date; requiring a
43	43	school district board of education to hold secret
44	44	ballot election; directing the board of education to
45	45	determine how the election shall be conducted;
46	46	authorizing the board of education to establish a fee
47	47	schedule to fund the election; elimin ating
48	48	recognition of organization if it fails to receive a
49	49	majority of votes; providing for continuation of
50	50	contract terms if an organization is eliminated;
51	51	providing exception; allowing board of education to
52	52	recognize a new employee organization under cer tain
53	53	circumstances; providing requirements for elections
54	54	to certify majority support; amending 70 O.S. 2011,
55	55	Section 5-139, as amended by Section 1, Chapter 193,
56	56	O.S.L. 2018 (70 O.S. Supp. 2020 , Section 5-139),
57	57	which relates to payroll deductions; prohibit ing
58	58	certain payroll deductions; amending Section 1,
59	59	Chapter 5, O.S.L. 2015 (62 O.S. Supp. 2020 , Section
60	60	34.70.1), which relates to state agency payroll
61	61	deductions; modifying prohibition against payroll
62	62	deductions on behalf of certain employees for certain
63	63	membership dues; modifying date of application;
64	64	providing for codification; providing an effective
65	65	date; and declaring an emergency.
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72	72	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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99	99	SECTION 1. NEW LAW A new section of law to be codified
100	100	in the Oklahoma Statutes as Section 509.12 of Title 70, unless there
101	101	is created a duplication in numbering, reads as follows:
102	102	A. No existing employee organization established pursuant to
103	103	the provisions of Section 509.2 of Title 70 o f the Oklahoma Statutes
104	104	shall continue to represent employees as defined in Section 509.2 or
105	105	1-116 of Title 70 of the Oklahoma Statutes after December 31, 2020,
106	106	except as provided for in this section.
107	107	B. 1. A school district board of education shall hold a secret
108	108	ballot election for all employees in any bargaining unit represented
109	109	by an existing employee organization to determine whether the
110	110	organization retains support of a majority of all employees in the
111	111	bargaining unit.
112	112	2. The school district board o f education shall determine
113	113	whether elections shall be conducted in person, by mail, by
114	114	telephone, by Internet -based systems or by any other means
115	115	determined by the board of education to be fair, confidential and
116	116	reliable. The board of education shall all ow employees in the
117	117	bargaining unit to cast ballots for a period of five (5) business
118	118	days.
119	119	3. The school district board of education may establish a fee
120	120	schedule, consistent with the provisions of Section 509.2 of Title
121	121	70 of the Oklahoma Statutes, for e mployee organizations subject to
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148	148	elections conducted pursuant to the provisions of this section for
149	149	the purpose of funding the election.
150	150	C. If a majority of all employees in the bargaining unit votes
151	151	in favor of retaining the existing employee organizatio n, the
152	152	organization shall remain the representative of employees in the
153	153	bargaining unit pursuant to the provisions of Section 509.2 of Title
154	154	70 of the Oklahoma Statutes. If a majority of all employees in the
155	155	bargaining unit do not vote in favor of retaini ng the existing
156	156	employee organization, the school district board of education shall
157	157	no longer recognize the organization as the representative of
158	158	employees in the unit and the employees shall be unrepresented.
159	159	D. When an existing employee organization is no longer
160	160	recognized, the terms of any preexisting contract between the
161	161	employee organization and the school district employees represented
162	162	by the organization shall continue and remain in effect for the
163	163	remaining contract term, except for any provisions i nvolving in any
164	164	manner the employee organization including, but not limited to,
165	165	organization security, dues, fees, grievances and arbitration.
166	166	E. A school district board of education may recognize a new
167	167	employee organization in accordance with the provisi ons of Section
168	168	509.2 of Title 70 of the Oklahoma Statutes, but the new employee
169	169	organization may not be substantially similar to or affiliated with
170	170	an employee organization that has lost recognition pursuant to the
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197	197	provisions of subsection C of this sectio n for twelve (12) months
198	198	from the date of the loss of recognition.
199	199	F. The school district board of education shall hold an
200	200	election to certify majority support of existing employee
201	201	organizations no earlier than August 1, 2021, and no later than
202	202	December 1, 2021, and every three (3) years thereafter. Elections
203	203	shall occur no earlier than August 1 and no later than December 1.
204	204	SECTION 2. AMENDATORY 70 O.S. 2011, Section 5 -139, as
205	205	amended by Section 1, Chapter 193, O.S.L. 2018 (70 O .S. Supp. 2020,
206	206	Section 5-139), is amended to read as follows:
207	207	Section 5-139. School A. Except as provided by subsection B of
208	208	this section, school districts shall make payroll deductions for
209	209	either or both professional organization dues and political
210	210	contributions at the written request of any school employee and
211	211	shall transmit deducted funds to the organization designated by the
212	212	school district employee. Such deductions shall be on a ten -month
213	213	basis unless otherwise designated by the employee organizati on.
214	214	However, a school employee may request at any time in writing,
215	215	including by email or fax, for the school district to immediately
216	216	terminate or initiate payroll deductions to a professional
217	217	organization. Upon receipt of any written request, the school
218	218	district shall within five (5) business days or by the next pay
219	219	period, whichever is earlier, terminate or initiate any future
220	220	payroll deductions of the requesting school employee to a
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247	247	professional organization. Upon receipt of a written request, the
248	248	school district shall notify the professional organization of the
249	249	initiation or termination of payroll deductions within fifteen (15)
250	250	business days. If the request is to terminate a deduction, the
251	251	school district shall not make any advance payments to any
252	252	professional organization of any future dues on behalf of the school
253	253	employee. No school district policy or negotiated agreement shall
254	254	place any other conditions or requirements, including but not
255	255	limited to personal hand delivery, upon any employee to initi ate or
256	256	terminate any payroll deduction to a professional organization
257	257	except for a written request as outlined in this section. Any
258	258	school district policy or provision in a negotiated agreement that
259	259	places additional conditions or requirements on initiati on or
260	260	termination beyond those outlined in this section shall be null and
261	261	void. A school district which fails to terminate payroll deductions
262	262	for an employee in accordance with this section shall immediately
263	263	reimburse the employee the amount of all payrol l deductions made by
264	264	the school district after the employee 's request, and the amount due
265	265	the employee shall double every thirty (30) days until paid in full.
266	266	B. School districts shall not make payroll deductions for any
267	267	public employee association or org anization or professional
268	268	organization that collectively bargains on behalf of its membership.
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295	295	SECTION 3. AMENDATORY Section 1, Chapter 5, O.S.L. 2015
296	296	(62 O.S. Supp. 2020, Section 34.70.1), is amended to read as
297	297	follows:
298	298	Section 34.70.1 A. It shall be unlawful for any state agency
299	299	or school district to make payroll deductions on behalf of a state
300	300	an employee for membership dues in any public employee association
301	301	or organization or professional organization that on or after
302	302	November 1, 2015 December 31, 2021, collectively bargains on behalf
303	303	of its membership pursuant to any provision of federal state law.
304	304	B. For purposes of this section:
305	305	1. "State agency" means any office, officer, bureau, board,
306	306	counsel, court, commission, insti tution, unit, division, body or
307	307	house of the executive or judicial branches of the state government,
308	308	whether elected or appointed, excluding political subdivisions of
309	309	the state. State agency shall include public school districts, the
310	310	Oklahoma State Regent s for Higher Education, the institutions,
311	311	centers, or other constituent agencies of The Oklahoma State System
312	312	of Higher Education, the State Board of Career and Technology
313	313	Education, technology center school districts, the State
314	314	Legislature, and the Office of the Governor; and
315	315	2. "Public employee" means an elected or appointed officer or
316	316	employee or contract employee of a state agency as defined in this
317	317	section, unless otherwise indicated.
318	318	SECTION 4. This act shall become effective July 1, 2021.
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345	345	SECTION 5. It being immediately necessary for the preservation
346	346	of the public peace, health or safety, an emergency is hereby
347	347	declared to exist, by reason whereof this act shall take effect and
348	348	be in full force from and after its pas sage and approval.
349	349
350	350	58-1-6292 LRB 01/15/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1985 Compare Versions