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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1627 By: Caldwell (Trey) of the
House
and
Hines of the Senate
AS INTRODUCED
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; mo difying Public
Employees Relations Board powers; establishing
process for arbitrator selection in cases of unfair
labor practices; amending 11 O.S. 20 21, Section 51-
110, which relates to fees and expenses; modifying
applicability; providing for codificatio n; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2 021, Section 51-104b, is
amended to read as follows:
Section 51-104b. A. The Public Employees Rel ations Board is
empowered, as hereinafter provided, to prevent any person, including
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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 Board shall have the
power to issue and cause to be served upon such person a complaint
stating the charges in that respect, and containing a notice of
hearing before the Board, at a place therein fixed, not l ess than
five (5) days after the serving of said complaint. The person so
complained of shall have the right 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 to
intervene in such proceeding set the matter for hearing, tak e
evidence, and decide the questions presented .
C. If upon the preponderance o f the testimony taken the Board
shall be of the opinion that the person named in the complaint has
engaged in or is engaging in any such unfair labor practice, then
the Board shall state its findings of fact and shall issue and cause
to be served on such p erson an order requiring such person to cease
and desist from such unfair labor practice. Such ord er may further
require such person to make reports from time to time showing t he
extent to which it has complied with the order. If upon the
preponderance of the testimony taken the Board shall not be of the
opinion that the person served in the complaint has engaged in or is
engaging in any such unfair labor practice, then the Board shall
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state its findings of fact and shall issue an order dismissing the
complaint.
D. The Board, or any interested party, shall have the power to
petition the district court , wherein the unfair labor practice in
question occurred, for the enforcement of such order and for
appropriate temporary relief of restraining order.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s 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 committed by the other, it shall
notify the other in writing, wi thin six (6) months of the commission
of the alleged practice. Within ten (10 ) days of such notification ,
each party shall each select and name one arbitrat or and shall
immediately thereafter notify 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 menti oned, agree upon and select a
third arbitrator. If, on the expiration of the period allowed
therefor, the arbitrators are unable to agree upon the selection of
a third arbitrator, the bargaining agent and the corporate
authorities shall request the Federa l Mediation and Conciliation
Service to provide a list of five arbitrators.
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B. Within ten (10) day s after receipt of 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 list of five until one name remains, with
the party claiming a n unfair labor practice has been committed
making the first strike from the li st. The third arbitrator,
whether selected as a result of an agreement between the two
arbitrators previously selected or selected from the list provided
by the Federal Mediatio n and Conciliation Service, shall act as
chairperson of the Arbitration Board. The chair person of the
Arbitration Board shall schedule a hearing, take evide nce, and
render a decision based thereon. Decisions of the former Public
Employees Relations Board and of the National 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 arbitrator selected by the
corporate authorities shall be borne by the bargaining agent and the
corporate authorities respectively. The reasonable fees and
necessary expenses of the third arbitrator shal l be borne equally by
the bargaining agent and corporate authorities. This provision
applies for interest arbitration , consideration of alleged unfair
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labor practices, and for certification, decertification, election or
determination of the bargaining rep resentative.
SECTION 4. This act shall become effective November 1, 202 5.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/05/2025 - DO PASS,
As Coauthored.