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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2747 By: Ford
AS INTRODUCED
An Act relating to cities and towns; amending 11 O.S.
2011, Sections 51-102 and 51-103, which relate to
collective bargaining; deleting definition;
eliminating Public Employees Relations Board;
eliminating petition, hearing and election processes;
directing a municipal employer to recognize
association as the exclusive bargaining agent for the
firefighters or police officers; determining
association by a majority vote; establishing election
procedures; repealing 11 O.S. 2011, Sections 51 -104,
as last amended by Section 7, Chapter 15, O.S.L.
2013, 51-104a, as amended by Section 51, Chapter 304,
O.S.L. 2012 and 51-104b (11 O.S. Supp. 2020 , Sections
51-104 and 51-104a), which relate to the Public
Employees Relations Board; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2011, Section 51 -102, is
amended to read as follows:
Section 51-102. As used in this article, unless the context
requires a different interpretation:
1. "Firefighters and police officers" shall mean the permanent
paid members of any fire department or police department in any
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municipality within the State of Oklahoma but shall not include the
chief of police and an administrative assistant and the chief of the
fire department and an administrative assistant. The administrative
assistant shall be that person so designated by the chief of the
police department. "Police officers" as used herein shall be those
persons as defined in Section 50 -101 of this title.;
2. "Corporate authorities" means the proper officials, singly
or collectively, within any municipality whose duty or duties it is
to establish the wages, salaries, rates of pay, hours, working
conditions and other terms and conditions of employment of
firefighters or police officers, whether they be the mayor, city
manager, town manager, town administrator, city council, town
council, director of personnel, personnel board or commission, or by
whatever other name the same may be designated, or any combination
thereof. It is not the intent of this paragraph that the above -
named officials shall in any way be exclusive or limiting .;
3. "Strike" shall mean the concerted failure to report for
duty, the willful absence from one's position, unauthorized
holidays, sickness unsubstantiated by a physician's statement, the
stoppage of work, or the abstinence in whole or in part from the
full, faithful and proper performance of the duties of employment,
for the purpose of inducing, influencing or coercing a change in the
conditions, compensation, rights, privileges or obligations of
employment. Nothing contained in this article shall be construed t o
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limit, impair or affect the right of any public employee to the
expression or communication of a view, grievance, complaint or
opinion on any matter related to the conditions or compensation of
public employment or their his or her betterment, so long as the
same does not interfere with the full, faithful and proper
performance of the duties of employment .;
4. "Bargaining agent" shall mean any lawful association,
fraternal organization, labor organization, federation or council
having as one of its purpo ses the improvement of wages, hours and
other conditions of employment among employees of fire and police
departments.;
5. "Collective bargaining" shall mean the performance of the
mutual obligation of the municipal employer or his or her designated
representatives and the representative of the employees to meet at
reasonable times, including meetings appropriately related to the
budget-making process; to confer in good faith with respect to
wages, hours and other conditions of employment, or the negotiati on
of an agreement, or any question arising thereunder; and to execute
a written contract incorporating any agreement reached if requested
by either party. Such obligation shall not, however, compel either
party to agree to a proposal or require the makin g of a concession.;
and
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6. "Unfair labor practices" for the purpose of this article
shall be deemed to include but not be limited to the following acts
and conduct:
6a. Action by corporate authorities:
(1) interfering with, restraining, intimidating or
coercing employees in the exercise of the rights
guaranteed them by this article ;,
(2) dominating or interfering with the formation,
existence or administration of any employee
organization or bargaining agent ;,
(3) interfering in any manner whatsoever with the
process of selection by firefighters or police
officers of their respective bargaining agents or
attempting to influence, coerce or intimidate
individuals in such selection ;,
(4) discharging or otherwise disciplining or
discriminating against a police officer or
firefighter because he or she has signed or filed
any affidavit, petition or complaint or has given
any information or testimony under this article
or because of his or her election to be
represented by the bargaining agent ;,
(5) refusing to bargain collectively or discuss
grievances in good faith with the designated
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bargaining agent with respect to any issue coming
within the purview of this article ;, or
(6) instituting or attempting to institute a lockout.
6b. Action by bargaining agent:
(1) interfering with, restraining, intimidating or
coercing employees in the exercise of the rights
guaranteed them by this article ;,
(2) interfering with or attempting to coerce the
corporate authorities in the selection of their
representatives for the purpose s of collective
bargaining or the adjustment of grievances ;, or
(3) refusing to bargain collectively or discuss
grievances in good faith with the proper
corporate authorities with respect to any issue
coming within the purview of this article.
7. "Board" shall mean the Public Employees Relations Board .
SECTION 2. AMENDATORY 11 O.S. 2011, Section 51 -103, is
amended to read as follows:
Section 51-103. A. Firefighters and police officers in any
municipality shall have the separate right to bargain collectively
with their municipality and to be represented by a bargaining agent
in such collective bargaining with respect to wages, salaries,
hours, rates of pay, grievances, working conditions and all other
terms and conditions of emplo yment.
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B. Whenever, conformable to regulations that may be prescribed
by the Public Employees Relations Board, herein created, a petition
is filed by:
1. A labor organization alleging that thirty percent (30%) of
the firefighters or police officers in a municipality:
a. wish to be represented for collective bargaining by an
exclusive employee representative, or
b. assert that the designated exclusive employee
representative is no longer the representative of the
majority of employees in the unit; or
2. The employer alleging that one or more labor organizations
has presented to it a claim to be recognized as the exclusive
employee representative in an appropriate unit;
the Board shall investigate the facts alleged therein and if it has
reasonable cause to believe that a question of representation
exists, it shall provide for an appropriate hearing upon due notice.
If the Board finds upon the record of such hearing that such a
question of representation exists, it shall direct an election by
secret ballot and shall certify the results thereof. The Board may
also certify a labor organization as an exclusive employee
representative if it determines that a free and untrammelled
election cannot be conducted because of the employer's unfair labor
practices.
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C. Only those labor organizations which have been designated by
more than ten percent (10%) of the employees in the unit found to be
appropriate shall be placed on the ballot. Nothing in this section
shall be construed to prohibit the waiving of hearing by st ipulation
for the purpose of a consent election, in conformity with the rules
and regulations of the Board.
D. In order to assure to firefighters and police officers of
any municipality the fullest freedom in exercising the rights
guaranteed by this artic le, the Board shall decide in each case
before it in which the issue is raised the unit appropriate for the
purposes of collective bargaining, and shall consider such factors
as community of interest, wages, hours and other working conditions
of the employees involved, the history of collective bargaining, and
the desires of the employees.
E. An election shall not be directed in any bargaining unit or
in any subdivision thereof within which, in the preceding twelve -
month period, a valid election has been h eld. The Board shall
determine who is eligible to vote in the election and shall
establish rules governing the election. In any election where none
of the choices on the ballot receives a majority, but a majority of
all votes cast are for representation by some labor organization, a
run-off election shall be conducted. A labor organization which
receives the majority of the votes cast in an election shall be
certified by the Board as the ex clusive employee representative A
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municipal employer shall recogn ize an association selected by a
majority of the firefighters of the fire department or police
officers of the police department of that municipality as the
exclusive bargaining agent for the firefighters or police officers
of that municipality until a ma jority of the firefighters or police
officers withdraw the recognition.
1. The association representing the department as the
exclusive bargaining agent shall be determined by a majority vote of
the police or firefighters of the department.
2. A question of whether an association is the majority
representative of the police or firefighters of a department shall
be resolved by a fair election conducted according to procedures
agreed on by the parties.
3. If the parties are unable to agree on election pro cedures
under paragraph 2 of this subsection, either party may request the
American Arbitration Association to conduct the election and certify
the results. Certification of the results of an election under this
paragraph shall resolve the question regard ing representation. Any
expenses of the election imposed by the American Arbitration
Association shall be borne in equal shares by both parties .
SECTION 3. REPEALER 11 O.S. 2011, Sections 51 -104, as
last amended by Section 7, Chapt er 15, O.S.L. 2013, 51 -104a, as
amended by Section 51, Chapter 304, O.S.L. 2012 and 51-104b (11 O.S.
Supp. 2020, Sections 51-104 and 51-104a), are hereby repealed.
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SECTION 4. This act shall become effective November 1, 2021 .
58-1-7219 AMM 01/19/21