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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1802 By: Dahm
AS INTRODUCED
An Act relating to public employees; amending 11 O.S.
2021, Section 51-101, which relates to fire and
police arbitration; removing certain rights and
protections; defining term; prohibiting officials
from entering into certain contracts ; declaring
certain contracts void; prohibiting the re cognition
of certain organization s; stating punishment for
entering into certain contrac ts; amending 70 O.S.
2021, Section 5-113.1, which relates to relation by
consanguinity or affinity with school board members
in employment or contracts; limiting certain voting
power of board members; repealing 11 O.S. 2021,
Sections 51-105 and 51-112, which relate to
collective bargaining by municipal police and fire
departments; repealing 19 O.S. 2021, Sections 901.30-
2, 901.30-3, and 901.30-8, which relate to collective
bargaining within fire protection districts ;
repealing 70 O.S. 2021, Sections 3-129.8 and 18-
114.8, which relate to collective bargaining by
teachers; providing for codification; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, 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
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department or police department in any municipality not be accorded
the right to strike or engage in any work stoppage or slowdown.
This necessary prohibition does not, however, r equire 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 collectivel y
concerning wages, hours and other terms and conditions of
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 o f labor,
other than the right to strike or to engage in any work stoppage or
slowdown, the right to be represented by a collect ive bargaining
representative of their choice, and the right to bargain
collectively concerning wages, hours, and other terms and conditions
of employment. Nothing in this article shall constitute a grant of
the right to strike to fire fi ghters or police officers of any
municipality and such strikes are hereby prohibited.
Notwithstanding the provisions of any other law, any person holding
such a position who, by concerted action with others and without the
lawful approval of his superior, willfully absent s himself from his
position or abstains in whole or in part from the full, faithful and
proper performance of his duties for the purpose of inducing,
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influencing or coercing a change in the conditions or co mpensation,
or the rights, privil eges 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 did vi olate the
provisions of this article. The request shall be filed in writing
with the officer or body having the powe r to remove or discipline
such 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 s hall within ten (10)
days after the receipt of such request commence a p roceeding for the
determination of whether the 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 proceeding s shall be undertaken without unnecess ary
delay. The decision of the proceeding shall be made within ten (10)
days following the conclusion of said heari ng. If the employee
involved is held to have violat ed this article and his employmen t
terminated or other discipline impose d, he shall have the right of
review to the district cour t having jurisdiction of the parties,
within thirty (30) day s from such decision, for determination
whether such decision is supported by competent, material and
substantial evidence on the whole record. To provide for the
exercise of these rights, a method of arbitration of disputes is
hereby established.
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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 member of an y paid fire department or police
department in any munici pality 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 collect ive
bargaining purposes as herein cont emplated.
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 settl ing
labor disputes between employees wh o possess the right to strike and
their employers, but ra ther 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 usual right to strike.
SECTION 2. AMENDATORY 70 O. S. 2021, Section 5-113.1, is
amended to read as follows:
Section 5-113.1. A. Except as otherwise provided in this
section, no person may be employed or put under co ntract by a school
district if that person is related to a member of the board of
education of that school district within the second degree of
consanguinity or affinity. A teacher or employee already under
contract to or otherwise employed by the school district at the time
the relationship is established may continue in said employment.
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Except as otherwise provided, a board member already serving at the
time the relationship is established may serve out the term for
which the member was elected but shal l not be eligible to be a
candidate for or serve successive terms of office for which the
member may be elected.
B. The provisions of this section shall not prevent a board
member from serving successive terms of office if otherwise eligible
under the provision of Section 5-113 of this title. No member of
the board of education who has resign ed from the board before the
term of the person has expir ed may be reappointed to the board to
complete the remainder of the term if a teacher or employee related
to the resigned member of the board within the second degree of
consanguinity or affinity was put under contract or otherwise
employed by the school district after the board member resign ed.
C. The provisions of this section shall not prevent a person
who is related to a member of the board of education within the
second degree of consanguinity o r affinity from being employed by
the school district as a substitute teacher pursuant to the
provisions of Section 6 -105 of this title or as a temporary
substitute support employee if the school district has an Average
Daily Membership (ADM) of less than five thousand (5,000).
D. The provisions of this section shall not prevent a person
who is related to a member of the board of education within the
second degree of consanguinity or affinity from being employed by
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the school district if the school distric t has an Average Daily
Membership (ADM) of less than four hundred (400) and the board of
education has adopted a policy providing for such employment.
E. Any member of a board of education who is related to a
teacher or other employee of the di strict within the second degree
of consanguinity or affinity shall not attend or participate in any
regular or executive session of the board held to consider any
personnel matter or litigation relating to said tea cher or employee.
The member may vote on collective bargaining agreements or the
renewal of contracts as a gr oup if the vote is necessary to form a
quorum of the board of education members. If more than one member
of the board of education is related to a teacher or employee, only
the minimum number of those members which is necessary to form a
quorum shall be allowed to vote. Each board of educat ion so
affected shall adopt a written policy establishing procedures on
when such a member may vote on the re newal of contracts or
collective bargaining agreement s.
F. Any member of a board of education who violates th e
provisions of this section shall be subject to the penalties
prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
Statutes.
SECTION 3. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 840-2.20E of Title 74, unless
there is created a duplication in numbering, reads as follows:
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A. As used in this section, “labor organization” means any
organization in which employees participate and that exists in whole
or in part to deal with one or more employe rs concerning grievances,
labor disputes, wages, hours of employment, or working conditions.
B. An official of this state or of a political subdivision of
this state may not enter int o a collective bargaining contract with
a labor organization regarding wages, hours, or conditions of
employment of public employees.
C. A contract entered into in violation of subsection B of this
section is void.
D. An official of th is state or of a political subdivision of
this state may not recognize a labor organization as the bargaining
agent for a group of public employees.
E. Any official of this state or of a political subdivision of
this state who violates the provisions of this act shall be gu ilty
of a misdemeanor and subject to removal from office.
SECTION 4. REPEALER 11 O.S. 2021, Section 51-105, is
hereby repealed.
SECTION 5. REPEALER 11 O.S. 2021, Section 51-112, is
hereby repealed.
SECTION 6. REPEALER 19 O.S. 2021, Section 901.30-2, is
hereby repealed.
SECTION 7. REPEALER 19 O.S. 2021, Section 901.30-3, is
hereby repealed.
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SECTION 8. REPEALER 19 O.S. 2021, Section 901.30-8, is
hereby repealed.
SECTION 9. REPEALER 70 O.S. 2021, Section 3-129.8, is
hereby repealed.
SECTION 10. REPEALER 70 O.S. 2021, Section 18-114.8, is
hereby repealed.
SECTION 11. It being immediately necessary f or the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-3187 MSBB 1/17/2024 3:31:54 PM