Oklahoma 2022 Regular Session

Oklahoma House Bill HB2747 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 2747 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
3	31		BILL NO. 2747 By: Ford of the House
4	32
5	33		and
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7	35		Haste of the Senate
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11	39
	40	+	An Act relating to cities and towns; amending 11 O.S.
	41	+	2011, Section 51-103, which relates to collective
	42	+	bargaining; eliminating creation of Public Employees
	43	+	Relations Board; eliminating petition, hearing and
	44	+	election processes; directing a municipal employer to
	45	+	recognize association as the exclusive bargaining
	46	+	agent for the firefighters or police officers;
	47	+	determining association by a majorit y vote;
	48	+	establishing election procedures; and providing an
	49	+	effective date.
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13	51
14		-	An Act relating to cities and towns; amending 11 O.S.
15		-	2011, Section 51-103, which relates to collective
16		-	bargaining; eliminating petition, hearing and
17		-	election processes; directing a municipal employer to
18		-	recognize a bargaining agent as the exclusive
19		-	bargaining agent for the firefighters or police
20		-	officers; determining bargaining agent by certain
21		-	procedure; establishing election procedures;
	52	+
	53	+
	54	+	AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
	55	+	entire bill and insert
	56	+
	57	+
	58	+	”An Act relating to cities and towns; amending 11
	59	+	O.S. 2011, Section 51 -103, which relates to
	60	+	collective bargaining; eliminating petition, hearing
	61	+	and election processes; directing a municipal
	62	+	employer to recognize a bargaining agent as the
	63	+	exclusive bargaining agent for the firefighters or
	64	+	police officers; determining bargaining agent by
	65	+	certain procedure; establishing election procedures;
22	66		prohibiting election within certain time period; and
23	67		providing an effective date.
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27	71
28		-	~~SUBJECT~~: ~~Cities and towns~~
	72	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29	73
30		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	74	+	ENGR. S. A. TO ENGR. H. B. NO. 2747 Page 2 1
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31	98
32	99		SECTION 1. AMENDATORY 11 O.S. 2011, Secti on 51-103, is
33	100		amended to read as follows:
34		-
35	101		Section 51-103. A. Firefighters and police officers in any
36	102		municipality shall have the separate right to bargain collectively
37	103		with their municipality and to be represented by a bargaining agent
38	104		in such collective bargaining with respect to wages, salaries,
39	105		hours, rates of pay, grievances, working conditions and all other
40	106		terms and conditions of employment.
41		-
42	107		B. Whenever, conformable to regulations that may be prescribed
43	108		by the Public Employees Relations Board, here in created, a petition
44	109		is filed by:
45		-	ENR. H. B. NO. 2747 Page 2
46	110		1. A labor organization alleging that thirty percent (30%) of
47	111		the firefighters or police officers in a municipality:
48		-
49	112		a. wish to be represented for collective bargaining by an
50	113		exclusive employee representative, or
51		-
52	114		b. assert that the designated exclusive employee
53	115		representative is no longer the representative of the
54	116		majority of employees in the unit; or
55		-
56	117		2. The employer alleging that one or more labor organizations
57	118		has presented to it a claim to be recognized as the exclus ive
58	119		employee representative in an appropriate unit;
59		-
60	120		the Board shall investigate the facts alleged therein and if it has
61	121		reasonable cause to believe that a question of representation
62	122		exists, it shall provide for an appropriate hearing upon due notice.
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63	149		If the Board finds upon the record of such hearing that such a
64	150		question of representation exists, it shall direct an election by
65	151		secret ballot and shall certify the results thereof. The Board may
66	152		also certify a labor organization as an exclusive employee
67	153		representative if it determines that a free and untrammelled
68	154		election cannot be conducted because of the employer’s unfair labor
69	155		practices.
70		-
71	156		C. Only those labor organizations which have been designated by
72	157		more than ten percent (10%) of the employees in the unit found to be
73	158		appropriate shall be placed on the ballot. Nothing in this section
74	159		shall be construed to prohibit the waiving of hearing by stipulation
75	160		for the purpose of a consent election, in conformity with the rules
76	161		and regulations of the Board.
77		-
78	162		D. In order to assure to firefighters and police officers of
79	163		any municipality the fullest freedom in exercising the rights
80	164		guaranteed by this article, the Board shall decide in each case
81	165		before it in which the issue is raised the unit appropriate for the
82	166		purposes of collective bargaining, and shall consider such factors
83	167		as community of interest, wages, hours and other working conditions
84	168		of the employees involved, the history of collective bargaining, and
85	169		the desires of the employees.
86		-
87	170		E. An election shall not be d irected in any bargaining unit or
88	171		in any subdivision thereof within which, in the preceding twelve -
89	172		month period, a valid election has been held. The Board shall
90		-	determine who is eligible to vote in the election and shall ENR. H. B. NO. 2747 Page 3
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	199	+	determine who is eligible to vote in the election and shall
91	200		establish rules governing the elec tion. In any election where none
92	201		of the choices on the ballot receives a majority, but a majority of
93	202		all votes cast are for representation by some labor organization, a
94	203		run-off election shall be conducted. A labor organization which
95	204		receives the majority of the votes cast in an election shall be
96	205		certified by the Board as the exclusive employee representative A
97	206		municipal employer shall recognize a bargaining agent selected by a
98	207		majority of the firefighters of the fire department or police
99	208		officers of the police department of that municipality as the
100	209		exclusive bargaining agent for the firefighters or police officers
101	210		of that municipality until a majority of the firefighters or police
102	211		officers withdraw the recognition. Bargaining agents recognized by
103	212		municipalities and having bargained with municipalities, prior to
104	213		the effective date of this act, shall continue to be so recognized
105	214		without a new selection by the majority of the firefighters or
106		-	police officers.
107		-
	215	+	policer officers.
108	216		1. The bargaining agent representing the departme nt as the
109	217		exclusive bargaining agent shall be determined by a majority vote of
110	218		the police or firefighters of the department.
111		-
112	219		2. A question of whether a bargaining agent is the exclusive
113	220		bargaining agent of the respective police or firefighters of a
114	221		department shall be resolved by a fair election paid for by the
115	222		bargaining agent or employees and conducted according to procedures
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116	249		agreed on by the parties. Such question arises where no bargaining
117		-	agent is currently recognized as a bargaining agent or where a
	250	+	agent is currently recognized as bargaining agent or where a
118	251		bargaining agent is recognized and another bargaining agent presents
119		-	proof they represent at least forty ~~percent~~ (40%) of the respective
	252	+	proof they represent at least forty (40) percent of the respective
120	253		police or firefighters of a department.
121		-
122	254		Any vote or ballot authorized by the agreed procedures shall be
123	255		accompanied by a copy of the voter's driver license or other state -
124	256		authorized identification card, and any vote or ballot submitted in
125	257		person shall only be received by providing the same. The bargaining
126	258		agent seeking to represent the members of the department and the
127	259		municipality shall each be entitled to select one person to observe
128	260		the counting and tabulating of ballots cast in the election.
129		-
130	261		3. If the parties are unable to agree on election procedures
131	262		under paragraph 2 of this subsection, either party may request the
132	263		American Arbitration Association to conduct the election and certify
133	264		the results. Certification of the results of an election under this
134	265		paragraph shall resolve the question regarding representation. Any
135		-	expenses of the election imposed by the American ~~Arbitration ENR. H. B. NO. 2747 Page 4~~
	266	+	expenses of the election imposed by the American Arb itration
136	267		Association shall be borne in equal shares by both parties, except
137	268		that, if any fraudulent activity occurs in the election procedures
138	269		or in tabulating the votes, the offending party shall solely bear
139	270		the expense.
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141	297		4. No election shall be conducted in any bargaining unit which,
142	298		in the preceding twelve -month period, a valid election has been
143	299		held.
	300	+	SECTION 2. This act shall become effective November 1, 2021. ”
144	301
145		-	SECTION 2. This act shall become effective November 1, 2021.
146		-	ENR. H. B. NO. 2747 Page 5
147		-	Passed the House of Representatives the 29th day of April, 2021.
	302	+	Passed the Senate the 21st day of April, 2021.
	303	+
	304	+
	305	+
	306	+	Presiding Officer of th e Senate
	307	+
	308	+
	309	+	Passed the House of Representatives the ____ day of __________,
	310	+	2021.
	311	+
	312	+
	313	+
	314	+	Presiding Officer of the House
	315	+	of Representatives
	316	+
	317	+	ENGR. H. B. NO. 2747 Page 1 1
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	342	+	ENGROSSED HOUSE
	343	+	BILL NO. 2747 By: Ford of the House
	344	+
	345	+	and
	346	+
	347	+	Haste of the Senate
	348	+
	349	+
	350	+
	351	+
	352	+	An Act relating to cities and towns; amending 11 O.S.
	353	+	2011, Section 51-103, which relates to collective
	354	+	bargaining; eliminating creation of Public Employees
	355	+	Relations Board; eliminating petition, hearing and
	356	+	election processes; directing a municipal employer to
	357	+	recognize association as the exclusive bargaining
	358	+	agent for the firefighters or police officers;
	359	+	determining association by a majority vote;
	360	+	establishing election procedures; and providing an
	361	+	effective date.
	362	+
	363	+
	364	+
	365	+
	366	+
	367	+
	368	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	369	+	SECTION 3. AMENDATORY 11 O.S. 2011, Section 51 -103, is
	370	+	amended to read as follows:
	371	+	Section 51-103. A. Firefighters and police officers in any
	372	+	municipality shall have the separate right to bargain collectively
	373	+	with their municipality and to be represented by a bargaining agent
	374	+	in such collective bargaining with respect to wages, salaries,
	375	+	hours, rates of pay, grievances, working conditions and all other
	376	+	terms and conditions of employment.
	377	+
	378	+	ENGR. H. B. NO. 2747 Page 2 1
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	403	+	B. Whenever, conformable to regulations that may be p rescribed
	404	+	by the Public Employees Relations Board, herein created, a petition
	405	+	is filed by:
	406	+	1. A labor organization alleging that thirty percent (30%) of
	407	+	the firefighters or police officers in a municipality:
	408	+	a. wish to be represented for collective bargai ning by an
	409	+	exclusive employee representative, or
	410	+	b. assert that the designated exclusive employee
	411	+	representative is no longer the representative of the
	412	+	majority of employees in the unit; or
	413	+	2. The employer alleging that one or more labor organizations
	414	+	has presented to it a claim to be recognized as the exclusive
	415	+	employee representative in an appropriate unit;
	416	+	the Board shall investigate the facts alleged therein and if it has
	417	+	reasonable cause to believe that a question of representation
	418	+	exists, it shall provide for an appropriate hearing upon due notice.
	419	+	If the Board finds upon the record of such hearing that such a
	420	+	question of representation exists, it shall direct an election by
	421	+	secret ballot and shall certify the results thereof. The Board may
	422	+	also certify a labor organization as an exclusive employee
	423	+	representative if it determines that a free and untrammelled
	424	+	election cannot be conducted because of the employer's unfair labor
	425	+	practices.
	426	+
	427	+	ENGR. H. B. NO. 2747 Page 3 1
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	452	+	C. Only those labor organizations which have been designated by
	453	+	more than ten percent (10%) of the employees in the unit found to be
	454	+	appropriate shall be placed on the ballot. Nothing in this section
	455	+	shall be construed to prohibit the waiving of hearing by stipulation
	456	+	for the purpose of a consent election, in conformit y with the rules
	457	+	and regulations of the Board.
	458	+	D. In order to assure to firefighters and police officers of
	459	+	any municipality the fullest freedom in exercising the rights
	460	+	guaranteed by this article, the Board shall decide in each case
	461	+	before it in which th e issue is raised the unit appropriate for the
	462	+	purposes of collective bargaining, and shall consider such factors
	463	+	as community of interest, wages, hours and other working conditions
	464	+	of the employees involved, the history of collective bargaining, and
	465	+	the desires of the employees.
	466	+	E. An election shall not be directed in any bargaining unit or
	467	+	in any subdivision thereof within which, in the preceding twelve -
	468	+	month period, a valid election has been held. The Board shall
	469	+	determine who is eligible to vote in th e election and shall
	470	+	establish rules governing the election. In any election where none
	471	+	of the choices on the ballot receives a majority, but a majority of
	472	+	all votes cast are for representation by some labor organization, a
	473	+	run-off election shall be condu cted. A labor organization which
	474	+	receives the majority of the votes cast in an election shall be
	475	+	certified by the Board as the exclusive employee representative A
	476	+
	477	+	ENGR. H. B. NO. 2747 Page 4 1
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	502	+	municipal employer shall recognize an association selected by a
	503	+	majority of the firefighters of the fire department or police
	504	+	officers of the police department of that municipality as the
	505	+	exclusive bargaining agent for the firefighters or police officers
	506	+	of that municipality until a majority of the firefighters or police
	507	+	officers withdraw the rec ognition.
	508	+	1. The association representing the department as the
	509	+	exclusive bargaining agent shall be determined by a majority vote of
	510	+	the police or firefighters of the department.
	511	+	2. A question of whether an association is the exclusive
	512	+	bargaining agent of the respective police or firefighters of a
	513	+	department shall be resolved by a fair election conducted according
	514	+	to procedures agreed on by the parties. The bargaining agent
	515	+	seeking to represent the members of the department and the
	516	+	municipality shall eac h be entitled to select one person to observe
	517	+	the counting and tabulating of ballots cast in the election.
	518	+	3. If the parties are unable to agree on election procedures
	519	+	under paragraph 2 of this subsection, either party may request the
	520	+	American Arbitration Association to conduct the election and certify
	521	+	the results. Certification of the results of an election under this
	522	+	paragraph shall resolve the question regarding representation. Any
	523	+	expenses of the election imposed by the American Arbitration
	524	+	Association shall be borne in equal shares by both parties .
	525	+	SECTION 4. This act shall become effective November 1, 2021.
	526	+
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	552	+	Passed the House of Representatives the 9th day of March, 2021.
148	553
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151	556
152	557		Presiding Officer of the House
153	558		of Representatives
154	559
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156		-	Passed the Senate the ~~21st~~ day of ~~April~~, 2021.
	561	+	Passed the Senate the ___ day of __________, 2021.
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160	565
161	566		Presiding Officer of the Senate
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165		-	OFFICE OF THE GOVERNOR
166		-	Received by the Office of the Governor this ____________________
167		-	day of ___________________, 20_______, at _______ o'clock _____ __ M.
168		-	By: _________________________________
169		-	Approved by the Governor of the State of Oklahoma this _________
170		-	day of ___________________, 20_______, at _______ o'clock _______ M.
171		-
172		-
173		-	_________________________________
174		-	Governor of the State of Oklahoma
175		-
176		-	OFFICE OF THE SECRETARY OF STATE
177		-	Received by the Office of the Secretary of State this __________
178		-	day of ___________________, 20_______, at _______ o'clock _______ M.
179		-	By: _________________________________
180		-