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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 4156 By: Goodwin
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38	38	AS INTRODUCED
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40	40	An Act relating to cities and towns; amending 11 O.S.
41	41	2021, Section 51-101, which relates to fire and
42	42	police arbitration; prohi biting certain acts in
43	43	collective bargaining agreements with police
44	44	departments; requiring collective bargaining
45	45	agreements to provide for community component; and
46	46	providing an effective date .
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52	52	BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 11 O.S. 20 21, Section 51-101, is
54	54	amended to read as follows:
55	55	Section 51-101. A. The protection of the public health, safety
56	56	and welfare demands that the permanent members of any paid fire
57	57	department or police dep artment in any municipality not be accorded
58	58	the right to strike or engage in any work stoppage or slowdown.
59	59	This necessary prohibition does not, however, require the denial to
60	60	such employees of other well -recognized rights of labor such as the
61	61	right to organize, to be represented by a collective bargaining
62	62	representative of their choice and the right to bargain collectively
63	63	concerning wages, hours and other terms and conditions of
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90	90	employment; and such employees shall also have the right to refrain
91	91	from any and all such activities.
92	92	B. It is declared to be the public policy of this state to
93	93	accord to the permanent members of any paid fire department or
94	94	police department in any municipality all of the rights of labor,
95	95	other than the right to strike or to enga ge in any work stoppage or
96	96	slowdown. Nothing in this article shall constitute a grant of the
97	97	right to strike to fire fighters firefighters or police officers of
98	98	any municipality and such strikes are hereby prohibited.
99	99	Notwithstanding the provisions of an y other law, any person holding
100	100	such a position who, by concerted action with others and without the
101	101	lawful approval of his or her superior, willfully absents himself or
102	102	herself from his or her position or abstains in whole or in part
103	103	from the full, faithf ul and proper performance of his or her duties
104	104	for the purpose of inducing, influencing or coercing a change in the
105	105	conditions or compensation, or the rights, privileges or obligations
106	106	of employment shall be deemed to be on strike but the person, upon
107	107	request, shall be entitled to a determination as to whether he or
108	108	she did violate the provisions of this article. The request shall
109	109	be filed in writing with the officer or body having the power to
110	110	remove or discipline suc h employee within ten (10) days after
111	111	regular compensation of such employee has ceased or other discipline
112	112	has been imposed. In the event of such request, the officer or body
113	113	shall within ten (10) days after the receipt of such request
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140	140	commence a proceeding for the determination of whether th e
141	141	provisions of this article have been violated by the public
142	142	employee, in accordance with the law and regulations appropriate to
143	143	a proceeding to remove the public employee. The proceedings shall
144	144	be undertaken without unnecessary delay. The decision of t he
145	145	proceeding shall be made within ten (10) days following the
146	146	conclusion of said hearing. If the employee involved is held to
147	147	have violated this article and his or her employment terminated or
148	148	other discipline impose d, he or she shall have the right of r eview
149	149	to the district court having jurisdiction of the parties, within
150	150	thirty (30) days from such decision, for determination whether such
151	151	decision is supported by competent, material and substantial
152	152	evidence on the whole record. To provide for the exerci se of these
153	153	rights, a method of arbitration of disputes is hereby established.
154	154	C. It is declared to be the public policy of the State of
155	155	Oklahoma that no person shall be discharged from or denied
156	156	employment as a membe r of any paid fire department or polic e
157	157	department in any municipality of this state by reason of membership
158	158	or nonmembership in, or the payment or nonpayment of any dues, fees
159	159	or other charges to, an organization of such members for collective
160	160	bargaining purposes as herein contemplated.
161	161	D. The establishment of this method of arbitration shall not,
162	162	however, in any way whatever, be deemed to be a recognition by the
163	163	state of compulsory arbitration as a superior method of settling
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190	190	labor disputes between emplo yees who possess the right to strike a nd
191	191	their employers, but rather shall be deemed to be a recognition
192	192	solely of the necessity to provide some alternative procedure for
193	193	settling disputes where employees must, as a matter of public
194	194	policy, be denied the u sual right to strike.
195	195	E. A collective bargaining agreement with a police department
196	196	shall not:
197	197	1. Negotiate matters of police officer discipline;
198	198	2. Block accountability for actions taken by police officers;
199	199	3. Provide for the rehiring of police office rs terminated for
200	200	misconduct; and
201	201	4. Provide for negotiations without community representation.
202	202	F. Any collective bargaining agreement with a police department
203	203	shall provide for a community component, w hich shall consist of
204	204	individuals:
205	205	1. Commensurate in number to other negotiating parties in the
206	206	agreement; and
207	207	2. Representative of those who have been adversely and
208	208	disproportionately impacted by police encounters.
209	209	SECTION 2. This act shall become effective November 1, 2022.
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211	211	58-2-10106 LRB 12/13/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB4156 Compare Versions