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