Oklahoma § 19-901.30 - Strikes, work stoppages or slowdowns prohibited - Grant

§ 19-901.30. Strikes, work stoppages or slowdowns prohibited - Grant

of labor rights - Violations - Arbitration.

A. The protection of the public health, safety and welfare

demands that the permanent members of any Rural Fire Protection

District 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 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 full-time firefighters in a Rural Fire Protection

District all of the rights of labor, other than the right to strike

or to engage in any work stoppage or slowdown. Nothing in this act

shall constitute a grant of the right to strike to any full-time

Oklahoma Statutes - Title 19. Counties and County Officers

firefighter in a Rural Fire Protection District and such strikes are

hereby prohibited. Unless otherwise provided by law, any person

holding such a position who, by concerted action with others and

without the lawful approval of the person’s superior, willfully

absents the person from his or her position or abstains in whole or

in part from the full, faithful and proper performance of such

person’s 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 act. The request shall be filed in writing. The official or

body with whom the request is filed shall have the power 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 official or body

shall within ten (10) days after the receipt of such request

commence a proceeding for the determination of whether the

provisions of this act have been violated by the full-time

firefighter in a Rural Fire Protection District, in accordance with

the law and regulations appropriate to a proceeding to remove a

full-time firefighter in a Rural Fire Protection District. The

proceedings shall be undertaken without unnecessary delay. The

decision of the proceeding shall be made within ten (10) days

following the conclusion of the hearing. If the employee involved

is held to have violated this act and his or her employment

terminated or other discipline imposed, the employee shall have the

right of review in 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 exercise 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 member of any Rural Fire Protection District 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

labor disputes between employees who possess the right to strike and

their employers, but rather shall be deemed to be a recognition

solely of the necessity to provide some alternative procedure for

Oklahoma Statutes - Title 19. Counties and County Officers

settling disputes where employees must, as a matter of public

policy, be denied the usual right to strike.

Added by Laws 2003, c. 136, § 1, eff. Nov. 1, 2003. Amended by Laws

2004, c. 104, § 1, eff. Nov. 1, 2004.

§19-901.30-1. Definitions.

As used in this act:

1. “Bargaining agent” means any lawful association, fraternal

organization, labor organization, federation or council having as

one of its purposes the improvement of wages, hours and other

conditions of employment among employees of Rural Fire Protection

Districts;

2. "Board" means the Public Employees Relations Board;

3. “Collective bargaining” means the performance of the mutual

obligation of the Rural Fire Protection District employer or the

employer’s designated representatives and the representative of the

employees to meet at reasonable times, including meetings

appropriately related to the budget making process; to confer in

good faith with respect to wages, hours and other conditions of

employment, or the negotiation of an agreement, or any question

arising hereunder; and to execute a written contract incorporating

any agreement reached if requested by either party. Such obligation

shall not, however, compel either party to agree to a proposal or

require the making of a concession;

4. “Corporate authorities” means the Board of Directors of any

Rural Fire Protection District whose duty or duties it is to

establish the wages, salaries, rates of pay, hours, working

conditions and other terms and conditions of employment of

firefighters;

5. “Firefighters” means the permanent paid members of any Rural

Fire Protection District within the State of Oklahoma but shall not

include the chief of the rural fire department and an administrative

assistant;

6. “Strike” means the concerted failure to report for duty, the

willful absence from one’s position, unauthorized holidays, sickness

unsubstantiated by a physician’s statement, the stoppage of work, or

the abstinence in whole or in part from the full, faithful and

proper performance of the duties of employment, for the purpose of

including, influencing or coercing a change in the conditions,

compensation, rights, privileges or obligations of employment.

Nothing contained in this act shall be construed to limit, impair or

affect the right of any public employee to the expression or

communication of a view, grievance, complaint or opinion on any

matter related to the conditions or compensation of public

employment or their betterment, so long as the same does not

interfere with the full, faithful and proper performance of the

duties of employment; and

Oklahoma Statutes - Title 19. Counties and County Officers

7. “Unfair labor practices” for the purpose of this act shall

be deemed to include, but not be limited to, the following acts and

conduct:

a.

action by corporate authorities:

(1) interfering with, restraining, intimidating or

coercing employees in the exercise of the rights

guaranteed them by this act,

(2) dominating or interfering with the formation,

existence or administration of any employee

organization or bargaining agent,

(3) interfering in any manner whatsoever with the

process of selection by firefighters of their

respective bargaining agents or attempting to

influence, coerce or intimidate individuals in

such selection,

(4) discharging or otherwise disciplining or

discriminating against a firefighter because he

or she has signed or filed any affidavit,

petition or complaint or has given any

information or testimony under this act or

because of an election to be represented by the

bargaining agent,

(5) refusing to bargain collectively or discuss

grievances in good faith with the designated

bargaining agent with respect to any issue coming

within the purview of this act, or

(6) instituting or attempting to institute a lockout.

b.

action by bargaining agent:

(1) interfering with, restraining, intimidating or

coercing employees in the exercise of the rights

guaranteed them by this act,

(2) interfering with or attempting to coerce the

corporate authorities in the selection of their

representatives for the purposes of collective

bargaining or the adjustment of grievances, or

(3) refusing to bargain collectively or discuss

grievances in good faith with the proper

corporate authorities with respect to any issue

coming within the purview of this act.

Added by Laws 2003, c. 136, § 2, eff. Nov. 1, 2003.

§19-901.30-2.1. Subpoena of witnesses and documents - Notice and

service - Rules - Hearings.

A. To accomplish the objectives and to perform the duties

prescribed by this act, the Public Employees Relations Board may

subpoena witnesses, issue subpoenas to require the production of

books, papers, records, and documents which may be needed as

Oklahoma Statutes - Title 19. Counties and County Officers

evidence of any matter under inquiry, and administer oaths and

affirmations. In cases of neglect or refusal to obey a subpoena

issued to any person, the district court of the county in which the

investigations or the public hearings are taking place, upon

application by the Board, may issue an order requiring such person

to appear before the Board and produce evidence about the matter

under investigation. Failure to obey such order may be punished by

the court as contempt.

B. Any subpoena, notice of hearing, or other process or notice

of the Board issued under the provisions of this act may be served

personally, by registered mail, or by leaving a copy at the

principal office of the person required to be served. A return made

and verified by the individual making such service and setting forth

the manner of such service shall be proof of service, and a returned

post office receipt, when registered or certified mail is used,

shall be proof of service.

C. The Board shall adopt, promulgate, amend, or rescind such

rules as it deems necessary to carry out the provisions of this act.

Public hearings shall be held by the Board on any proposed rule of

general applicability designed to implement, interpret, or prescribe

policy, procedure or practice requirements under the provisions of

this act and on any proposed change to such existing rule.

Reasonable notice shall be given prior to such hearings, which shall

include the time, place, and nature of such hearing and the terms or

substance of the proposed rule or the changes to such rule.

Added by Laws 2004, c. 104, § 2, eff. Nov. 1, 2004.

§19-901.30-2.2. Unfair labor practices - Complaint - Order to cease

and desist - Restraining order.

A. The Public Employees Relations Board is empowered, as

hereinafter provided, to prevent any person, including a 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 less than

five (5) days after the serving of the complaint. The respondent

shall have the right to file an answer and to appear and give

testimony at the time and place fixed in the complaint. At the

discretion of the Board, any other person may be allowed to

intervene in such proceeding.

C. If, upon the preponderance of 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

Oklahoma Statutes - Title 19. Counties and County Officers

to be served on such person an order requiring such person to cease

and desist from such unfair labor practice. Such order may further

require such person to make reports from time to time showing the

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 respondent 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, 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 from restraining order.

Added by Laws 2004, c. 104, § 3, eff. Nov. 1, 2004.

§19-901.30-2. Collective bargaining - Bargaining agent - Hearing Election.

A. Full-time firefighters in a Rural Fire Protection District

shall have the separate right to bargain collectively with their

Rural Fire Protection District and to be represented by a bargaining

agent in such collective bargaining with respect to wages, salaries,

hours, rates of pay, grievances, working conditions and all other

terms and conditions of employment.

B. Whenever, conformable to regulations that may be prescribed

by the Public Employees Relations Board, a petition is filed by:

1. A labor organization alleging that thirty percent (30%) of

the full-time firefighters in a Rural Fire Protection District:

a.

wish to be represented for collective bargaining by an

exclusive employee representative, or

b.

assert that the designated exclusive employee

representative is no longer the representative of the

majority of employees in the unit; or

2. The employer alleging that one or more labor organizations

has presented to it a claim to be recognized as the exclusive

employee representative in an appropriate unit; the Board shall

investigate the facts alleged therein and if it has reasonable cause

to believe that a question of representation exists, it shall

provide for an appropriate hearing upon due notice. If the Board

finds upon the record of such hearing that such a question of

representation exists, it shall direct an election by secret ballot

and shall certify the results thereof. The Board may also certify a

labor organization as an exclusive employee representative of a

Rural Fire Protection District if it determines that a free and

untrammeled election cannot be conducted because of the employer's

unfair labor practices.

C. Only those labor organizations which have been designated by

more than ten percent (10%) of the full-time firefighters in the

unit found to be appropriate shall be placed on the ballot. Nothing

Oklahoma Statutes - Title 19. Counties and County Officers

in this section shall be construed to prohibit the waiving of or

hearing by stipulation for the purpose of a consent election, in

conformity with the rules and regulations of the Board.

D. In order to assure to full-time firefighters in a Rural Fire

Protection District the fullest freedom in exercising the rights

guaranteed by this act, the Board shall decide in each case before

it in which the issue is raised the unit appropriate for the

purposes of collective bargaining, and shall consider such factors

as community of interest, wages, hours and other working conditions

of the firefighters involved, the history of collective bargaining,

and the desires of the firefighters.

E. An election shall not be directed in any bargaining unit or

in any subdivision thereof within which, in the preceding twelvemonth period, a valid election has been held. The Board shall

determine who is eligible to vote in the election and shall

establish rules governing the election. In any election where none

of the choices on the ballot receives a majority, but a majority of

all votes cast are for representation by some labor organization, a

run-off election shall be conducted. A labor organization which

receives the majority of the votes cast in an election shall be

certified by the Board as the exclusive firefighter representative

of a Rural Fire Protection District.

Added by Laws 2003, c. 136, § 3, eff. Nov. 1, 2003.

§19-901.30-3. Agreement on contract - Submission to arbitration Selection of arbitrators.

A. It shall be the obligation of the Rural Fire Protection

District, acting through its corporate authorities, to meet at

reasonable times and confer in good faith with the representatives

of the full-time firefighters within ten (10) days after receipt of

written notice from said bargaining agent requesting a meeting for

collective bargaining purposes. The obligation shall include the

duty to cause any collective bargaining agreement resulting from

negotiations to be reduced to a written agreement, the term of which

shall not exceed one (1) year; provided, any such agreement shall

continue from year to year and be automatically extended for oneyear terms unless written notice of request for bargaining is given

by either the Rural Fire Protection District authorities or the

bargaining agent of the full-time firefighters at least thirty (30)

days before the anniversary date of such negotiated agreement.

Within ten (10) days of receipt of such notice by the other party, a

conference shall be scheduled for the purposes of collective

bargaining, and until a new agreement is reached, the currently

existing written agreement shall not expire and shall continue in

full force and effect.

B. In the event that the bargaining agent and the corporate

authorities are unable, within thirty (30) days from and including

Oklahoma Statutes - Title 19. Counties and County Officers

the date of the first meeting, to reach an agreement on a contract,

any and all unresolved issues shall be submitted to arbitration,

upon request of either party.

C. Within five (5) days from the date of the request for

arbitration referred to in subsection B of this section, the

bargaining agent and the corporate authorities shall each select and

name one arbitrator 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 five-day period

hereinabove mentioned, 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 Federal Mediation and Conciliation Service to provide a

list of five arbitrators. Within five (5) days 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 employer making the first strike from the

list. 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 Mediation and

Conciliation Service, shall act as chairperson of the arbitration

board.

Added by Laws 2003, c. 136, § 4, eff. Nov. 1, 2003.

§19-901.30-4. Arbitration hearing - Submission of arbitration

statement - Evidence - Selection decision.

The arbitration board, acting through its chairperson, shall

call a hearing to be held within ten (10) days after the date of the

appointment of the chairperson and shall, acting through its

chairperson, give at least seven (7) days of notice in writing to

each of the other two arbitrators, the bargaining agent and the

corporate authorities of the time and place of such hearing. At

least seven (7) days before the date of the hearing the bargaining

agent and the corporate authorities shall submit to each other and

to the arbitration board members a written arbitration statement

listing all contract terms which the parties have resolved and all

contract issues which are unresolved. Each arbitration statement

shall also include a final offer on each unresolved issue. The

terms and offers contained in the arbitration statements shall be

known collectively as each parties’ last best offer. The hearing

shall be informal and the rules of evidence prevailing in judicial

proceedings shall not be binding. Any documentary evidence and

other data deemed relevant by the arbitrators may be received into

evidence. The arbitrators shall have the power to administer oaths

Oklahoma Statutes - Title 19. Counties and County Officers

and to require by subpoena the attendance and testimony of

witnesses, the production of books, records, and other evidence

relative or pertinent to the issues presented to them for

determination. A hearing shall be concluded within twenty (20) days

from the time of commencement. Within seven (7) days after the

conclusion of the hearing, a majority of the arbitration board

members shall select one of the two last best offers as the contract

of the parties. The criteria to be used by the board in determining

which offer to select shall be limited to those in Section 6 of this

act. The arbitration board may not modify, add to or delete from

the last best offer of either party. Written notice of the

selection decision shall be mailed or delivered to the employer and

the union.

Added by Laws 2003, c. 136, § 5, eff. Nov. 1, 2003.

§19-901.30-5. Decision factors - Responsibility for fees and

expenses.

A. The arbitrators shall conduct the hearings and render their

decision upon the basis of a prompt, peaceful and just settlement of

all submitted disputes between the full-time firefighters in a Rural

Fire Protection District and the corporate authorities. The

factors, among others, to be given weight by the arbitrators in

arriving at a decision shall include:

1. Comparison of wage rates, insurance, retirement, other

fringe benefits or hourly conditions of employment of the rural fire

district in question with prevailing wage rates or hourly conditions

of employment of skilled employees of the building trades and

industry in the local operating area involved;

2. Comparison of wage rates, insurance, retirement, other

fringe benefits or hourly conditions of employment of the rural fire

district in question with wage rates or hourly conditions of

employment maintained for the same or similar work of employees

exhibiting like or similar skills under the same or similar working

conditions in the local operating area involved;

3. Comparison of wage rates, insurance, retirement, other

fringe benefits or hourly conditions of employment of the rural fire

district in question with wage rates or hourly conditions of

employment of fire departments in other political subdivisions of

comparable size and economic status both within and without the

State of Oklahoma;

4. Interest and welfare of the public and revenues available to

the Rural Fire Protection District; or

5. Comparison of peculiarities of employment in regard to other

trades or professions, including specifically:

a.

hazards of employment,

b.

physical qualifications,

c.

educational qualifications,

Oklahoma Statutes - Title 19. Counties and County Officers

d.

mental qualifications, and

e.

job training and skills.

B. 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 shall be borne equally by the

bargaining agent and corporate authorities.

Added by Laws 2003, c. 136, § 6, eff. Nov. 1, 2003.

§19-901.30-6. Special election to select offer.

A. If the corporate authority’s last best offer is not selected

by the arbitration board, that party may submit the offers which the

parties submitted to the arbitration board to the voters of the Fire

Protection District for their selection by requesting a special

election for that purpose. The request for an election must be

filed with the Clerk of the Board of Directors for the Fire

Protection District within ten (10) days of the date of the written

decision of the arbitration board. Written notice of the filing of

the request shall be given to the bargaining agent. If a request

for an election is not filed in a timely manner, the board’s

selection decision shall be final, and the last best offer it

selected shall constitute the agreements of the parties.

B. Upon receiving a request for an election pursuant to the

provision of this section, the District Clerk shall notify the

governing body of the Fire Protection District of the request.

Within ten (10) days of such notification the governing body shall

call for a special election. The election shall be governed by the

state laws on Fire Protection District elections and the election

shall be held as nearly as may be in conformity with the state law

provisions governing bond elections for the Fire Protection

District; provided, no informalities in conducting such election

shall invalidate the same if the election shall have been otherwise

fairly conducted. Only residents of the Fire Protection District

who are qualified electors in their respective precincts shall be

eligible to vote in said election. The ballot shall inform the

voters that they must choose either the last best offer of the

bargaining agent or the last best offer of the corporate authority.

The last best offer receiving a majority of the votes shall become

the agreement of the parties.

C. Concerning issues relating to money, such ballot shall

clearly state the total dollar amount of the offer from the union

and the total dollar amount of the offer from the employer. Such

ballot shall also disclose the percentage of increase or decrease

both offers have over or under the last contract of the two parties.

D. Agreements which are reached as a result of selection by the

arbitration board or by election shall be effective on the first day

Oklahoma Statutes - Title 19. Counties and County Officers

of the fiscal year involved regardless of the date of the final

selection.

Added by Laws 2003, c. 136, § 7, eff. Nov. 1, 2003. Amended by Laws

2004, c. 104, § 4, eff. Nov. 1, 2004.

§19-901.30-7. Negotiated collective bargaining agreement - Required

provisions - Disputes.

Any agreement actually negotiated between the bargaining agent

and the corporate authorities either before or within thirty (30)

days after arbitration shall constitute the collective bargaining

contract governing full-time firefighters in the Rural Fire

Protection District for the period stated therein; provided that

such period shall not exceed one (1) year. Any collective

bargaining agreement negotiated under the terms and provisions of

this act shall specifically provide that the full-time firefighters

in the Rural Fire Protection District who are subject to its terms

shall have no right to engage in any work stoppage, slowdown or

strike, the consideration for such provision being the right to a

resolution of disputed questions. All rules, regulations, fiscal

procedures, working conditions, district practices and manner of

conducting the operation and administration of Rural Fire Protection

Districts currently in effect on the effective date of any

negotiated agreement shall be deemed a part of the agreement except

as modified or changed by the specific terms of such agreement.

Every such agreement shall contain a clause establishing arbitration

procedures for the immediate and speedy resolution and determination

of any dispute which may arise involving the interpretation or

application of any of the provisions of such agreement or the

actions of any of the parties under that agreement. In the absence

of such negotiated procedure, the dispute may be submitted to

arbitration in accordance with the provisions of this act, except

that the arbitration board shall be convened within ten (10) days

after demand therefor by the bargaining agent upon the corporate

authority or authorities. In such case the arbitration board's

determination shall be final.

Added by Laws 2003, c. 136, § 8, eff. Nov. 1, 2003.

§19-901.30-8. Appropriation of monies required by collective

bargaining - Notice - Time limitation.

When wages, rates of pay or any other matters requiring

appropriation of monies by any Rural Fire Protection District are

included as matters of collective bargaining conducted under the

provisions of this act, it is the obligation of the bargaining agent

to serve written notice of request for collective bargaining on the

corporate authorities at least one hundred twenty (120) days before

the last day on which monies can be appropriated by the Rural Fire

Oklahoma Statutes - Title 19. Counties and County Officers

Protection District to cover the contract period which is the

subject of the collective bargaining procedure.

Added by Laws 2003, c. 136, § 9, eff. Nov. 1, 2003.

§19-901.30-9. Violations - Penalties.

It shall be unlawful for any collective bargaining

representative or member of a Rural Fire Protection District to

strike or engage in any work stoppage; and it shall further be

unlawful for any official, executive, administrator, manager, or

member of a governing body exercising the authority to fix and

determine the salaries, hours of work, and employment conditions of

a Rural Fire Protection District in this state to fail to bargain in

good faith in accordance with the provisions of this act. Any

person convicted of violating the provisions of this act shall be

guilty of a misdemeanor punishable by a fine of not less than Ten

Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for

such offense, and each day during which such violation occurs or

continues shall constitute a separate offense. Any such conviction

shall be grounds for immediate dismissal from Rural Fire Protection

District employment, for any full-time firefighter so employed.

Added by Laws 2003, c. 136, § 10, eff. Nov. 1, 2003.