Oklahoma 2023 Regular Session

Oklahoma House Bill HB2134 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	ENGR. H. B. NO. 2134 Page 1 1
	3	+	HB2134 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
4	5		2
5	6		3
6	7		4
7	8		5
8	9		6
9	10		7
10	11		8
11	12		9
12	13		10
13	14		11
14	15		12
15	16		13
16	17		14
17	18		15
18	19		16
19	20		17
20	21		18
21	22		19
22	23		20
23	24		21
24	25		22
25	26		23
26	27		24
27	28
28		-	ENGROSSED HOUSE
29		-	BILL NO. 2134 By: George and Luttrell of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
31	30
32		-	~~and~~
	31	+	STATE OF OKLAHOMA
33	32
34		-	Green of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	HOUSE BILL 2134 By: George
35	36
36	37
37	38
38	39
	40	+
	41	+	AS INTRODUCED
39	42
40	43		An Act relating to cities and towns; ame nding 11 O.S.
41	44		2021, Section 51-104b, which relates to the
42	45		prevention of unfair labor practice; mod ifying Public
43	46		Employees Relations Board powers; establishing
44	47		process for arbitrator selection in cases of unfair
45		-	labor practices; amending 11 O.S. ~~2021~~, Section 51-
	48	+	labor practices; amending 11 O.S. 2011, Section 51 -
46	49		110, which relates to fees and expenses; modifying
47	50		applicability; providing for codification; a nd
48	51		providing an effective date.
49	52
50	53
51	54
52	55
53	56
54	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	58		SECTION 1. AMENDATORY 11 O.S. 2021, Section 51-104b, is
56	59		amended to read as foll ows:
57	60		Section 51-104b. A. The Public Employees Relations Board is
58	61		empowered, as hereinafter provide d, to prevent any person, including
59	62		bargaining agent and corporate authorities, from engaging in any
60	63		unfair labor practice as defined herein.
61	64		B. Whenever it is charged that any person has engaged in or is
62	65		engaging in any such unfair labor practice, the Bo ard shall have the
63	66		power to issue and cause to be served upon such person a complaint
64		-	stating the charges in that resp ect, and containing a notice of
65	67
66		-	ENGR. H. B. NO. 2134 Page 2 1
	68	+	HB2134 HFLR Page 2
	69	+	BOLD FACE denotes Committee Amendments. 1
67	70		2
68	71		3
69	72		4
70	73		5
71	74		6
72	75		7
73	76		8
74	77		9
75	78		10
76	79		11
77	80		12
78	81		13
79	82		14
80	83		15
81	84		16
82	85		17
83	86		18
84	87		19
85	88		20
86	89		21
87	90		22
88	91		23
89	92		24
90	93
	94	+	stating the charges in that resp ect, and containing a notice of
91	95		hearing before the Board, at a place therein fixed, not less than
92	96		five (5) days after the serving of said complaint. The person so
93	97		complained of shall have the r ight to file an answer and to appear
94	98		and give testimony at the time and place fixed in the complaint. In
95	99		the discretion of the Board, any other person may be allowed t o
96	100		intervene in such proceeding set the matter for hearing , take
97	101		evidence, and decide the questions presented.
98	102		C. If upon the preponderance of the test imony taken the Board
99	103		shall be of the opinion that the person named in the complaint h as
100	104		engaged in or is engaging in any such unfair labo r practice, then
101	105		the Board shall state its findings of f act and shall issue and cause
102	106		to be served on such person an o rder requiring such person to cease
103	107		and desist from such unfair labor practice. Such order may further
104	108		require such person to make report s from time to time showing the
105	109		extent to which it has c omplied with the order. If upon the
106	110		preponderance of the test imony taken the Board shall not be of t he
107	111		opinion that the person served in the compla int has engaged in or is
108	112		engaging in any such unfair labor practice, then the Board shall
109	113		state its findings of fact and shall issue an order dismissing the
110	114		complaint.
111	115		D. The Board, or any interested party, s hall have the power to
112	116		petition the district co urt, wherein the unfair labor practice in
113		-	question occurred, for the enforcement of such order and for
114		-	appropriate temporary relief of restraining order.
115	117
116		-	ENGR. H. B. NO. 2134 Page 3 1
	118	+	HB2134 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
117	120		2
118	121		3
119	122		4
120	123		5
121	124		6
122	125		7
123	126		8
124	127		9
125	128		10
126	129		11
127	130		12
128	131		13
129	132		14
130	133		15
131	134		16
132	135		17
133	136		18
134	137		19
135	138		20
136	139		21
137	140		22
138	141		23
139	142		24
140	143
	144	+	question occurred, for the enforcement of such order and for
	145	+	appropriate temporary relief of restraining order.
141	146		SECTION 2. NEW LAW A new sectio n of law to be codified
142	147		in the Oklahoma Statutes as Section 51-107a of Title 11, unless
143	148		there is created a duplication in numbering, reads as follows:
144	149		A. Whenever an employer or bargaining agent claims that an
145	150		unfair labor practice has been co mmitted by the other, it shall
146	151		notify the other in writing, within six (6) mon ths of the commission
147	152		of the alleged practice. Within ten (10) days of such notification
148	153		each party shall each select and name one arbitrator and shal l
149	154		immediately thereafter no tify each other in writing of the name and
150	155		address of the person so selected. The two arbitrators so selected
151	156		and named shall, within five (5) days from and after the expiration
152	157		of the ten-day period hereinabove mentioned, agree upon and select a
153	158		third arbitrator. If, on the expiration of the period allowed
154	159		therefor, the arbitrato rs are unable to agree upon the s election of
155	160		a third arbitrator, the bargaining agent and the corporate
156	161		authorities shall request the Federal Mediation and Conciliation
157	162		Service to provide a list of five arbitrators.
158	163		B. Within ten (10) days after receipt o f the list of
159	164		arbitrators from the Federal Mediation and Conciliation Service, the
160	165		two arbitrators already selected shall alternately strike the name
161	166		of one arbitrator from the l ist of five until one name remains, with
162	167		the party claiming an unfair labor pr actice has been committed
163		-	making the first strike from the list. The third arbitrator,
164		-	whether selected as a result of an agreement between the two
165	168
166		-	ENGR. H. B. NO. 2134 Page 4 1
	169	+	HB2134 HFLR Page 4
	170	+	BOLD FACE denotes Committee Amendments. 1
167	171		2
168	172		3
169	173		4
170	174		5
171	175		6
172	176		7
173	177		8
174	178		9
175	179		10
176	180		11
177	181		12
178	182		13
179	183		14
180	184		15
181	185		16
182	186		17
183	187		18
184	188		19
185	189		20
186	190		21
187	191		22
188	192		23
189	193		24
190	194
	195	+	making the first strike from the list. The third arbitrator,
	196	+	whether selected as a result of an agreement between the two
191	197		arbitrators previously s elected or selected from the list provided
192	198		by the Federal Mediation and Conciliatio n Service, shall act as
193	199		chairperson of the Arbitration Board. The chair person of the
194	200		Arbitration Board shall schedule a hearing, take evidence, and
195	201		render a decision based thereo n. Decisions of the former Public
196	202		Employees Relations Board and of the Natio nal Labor Relations Board
197	203		may be considered persuasive on the issues presented.
198	204		SECTION 3. AMENDATORY 11 O.S. 2021, Section 51-110, is
199	205		amended to read as follows :
200	206		Section 51-110. Fees and necessary expenses of the arbitrator
201	207		selected by the bargaining agent and the arbi trator selected by the
202	208		corporate authorities shall be borne by the bargaining agent and the
203	209		corporate authorities resp ectively. The reasonable fees and
204	210		necessary expenses of the third arbitrator shall be borne equall y by
205	211		the bargaining agent and corporate authorities. This provision
206	212		applies for interest arbitration, consideration of alleged unfair
207	213		labor practices, and for certification, decertification, election or
208	214		determination of the bargaining representative.
209	215		SECTION 4. This act shall become effective November 1, 2023.
210	216
211		-	ENGR. H. B. NO. 2134 Page 5 1
212		-	2
213		-	3
214		-	4
215		-	5
216		-	6
217		-	7
218		-	8
219		-	9
220		-	10
221		-	11
222		-	12
223		-	13
224		-	14
225		-	15
226		-	16
227		-	17
228		-	18
229		-	19
230		-	20
231		-	21
232		-	22
233		-	23
234		-	24
235		-
236		-	Passed the House of Representatives the 8th day of March, 2023.
237		-
238		-
239		-
240		-
241		-	Presiding Officer of the House
242		-	of Representatives
243		-
244		-
245		-
246		-	Passed the Senate the ___ day of __________, 2023.
247		-
248		-
249		-
250		-
251		-	Presiding Officer of the Senate
252		-
253		-
	217	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	218	+	02/16/2023 - DO PASS.