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ENGROSSED HOUSE
BILL NO. 2134 By: George and Luttrell of the
House
and
Green of the Senate
An Act relating to cities and towns; ame nding 11 O.S.
2021, Section 51-104b, which relates to the
prevention of unfair labor practice; mod ifying Public
Employees Relations Board powers; establishing
process for arbitrator selection in cases of unfair
labor practices; amending 11 O.S. 2021, Section 51-
110, which relates to fees and expenses; modifying
applicability; providing for codification; a nd
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 51-104b, is
amended to read as foll ows:
Section 51-104b. A. The Public Employees Relations Board is
empowered, as hereinafter provide d, to prevent any person, including
bargaining agent and corporate authorities, from engaging in any
unfair labor practice as defined herein.
B. Whenever it is charged that any person has engaged in or is
engaging in any such unfair labor practice, the Bo ard shall have the
power to issue and cause to be served upon such person a complaint
stating the charges in that resp ect, and containing a notice of
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hearing before the Board, at a place therein fixed, not less than
five (5) days after the serving of said complaint. The person so
complained of shall have the r ight to file an answer and to appear
and give testimony at the time and place fixed in the complaint. In
the discretion of the Board, any other person may be allowed t o
intervene in such proceeding set the matter for hearing , take
evidence, and decide the questions presented.
C. If upon the preponderance of the test imony taken the Board
shall be of the opinion that the person named in the complaint h as
engaged in or is engaging in any such unfair labo r practice, then
the Board shall state its findings of f act and shall issue and cause
to be served on such person an o rder requiring such person to cease
and desist from such unfair labor practice. Such order may further
require such person to make report s from time to time showing the
extent to which it has c omplied with the order. If upon the
preponderance of the test imony taken the Board shall not be of t he
opinion that the person served in the compla int has engaged in or is
engaging in any such unfair labor practice, then the Board shall
state its findings of fact and shall issue an order dismissing the
complaint.
D. The Board, or any interested party, s hall have the power to
petition the district co urt, wherein the unfair labor practice in
question occurred, for the enforcement of such order and for
appropriate temporary relief of restraining order.
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SECTION 2. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 51-107a of Title 11, unless
there is created a duplication in numbering, reads as follows:
A. Whenever an employer or bargaining agent claims that an
unfair labor practice has been co mmitted by the other, it shall
notify the other in writing, within six (6) mon ths of the commission
of the alleged practice. Within ten (10) days of such notification
each party shall each select and name one arbitrator and shal l
immediately thereafter no tify each other in writing of the name and
address of the person so selected. The two arbitrators so selected
and named shall, within five (5) days from and after the expiration
of the ten-day period hereinabove mentioned, agree upon and select a
third arbitrator. If, on the expiration of the period allowed
therefor, the arbitrato rs are unable to agree upon the s election of
a third arbitrator, the bargaining agent and the corporate
authorities shall request the Federal Mediation and Conciliation
Service to provide a list of five arbitrators.
B. Within ten (10) days after receipt o f the list of
arbitrators from the Federal Mediation and Conciliation Service, the
two arbitrators already selected shall alternately strike the name
of one arbitrator from the l ist of five until one name remains, with
the party claiming an unfair labor pr actice has been committed
making the first strike from the list. The third arbitrator,
whether selected as a result of an agreement between the two
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arbitrators previously s elected or selected from the list provided
by the Federal Mediation and Conciliatio n Service, shall act as
chairperson of the Arbitration Board. The chair person of the
Arbitration Board shall schedule a hearing, take evidence, and
render a decision based thereo n. Decisions of the former Public
Employees Relations Board and of the Natio nal Labor Relations Board
may be considered persuasive on the issues presented.
SECTION 3. AMENDATORY 11 O.S. 2021, Section 51-110, is
amended to read as follows :
Section 51-110. Fees and necessary expenses of the arbitrator
selected by the bargaining agent and the arbi trator selected by the
corporate authorities shall be borne by the bargaining agent and the
corporate authorities resp ectively. The reasonable fees and
necessary expenses of the third arbitrator shall be borne equall y by
the bargaining agent and corporate authorities. This provision
applies for interest arbitration, consideration of alleged unfair
labor practices, and for certification, decertification, election or
determination of the bargaining representative.
SECTION 4. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 8th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate