2023 Oklahoma Statutes
Title 11. Cities and Towns
§11-51-103. Collective bargaining rights – Bargaining agents.

A. Firefighters and police officers in any municipality shall have the separate right to bargain collectively with their municipality 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. A municipal employer shall recognize a bargaining agent selected by a majority of the firefighters of the fire department or police officers of the police department of that municipality as the exclusive bargaining agent for the firefighters or police officers of that municipality until a majority of the firefighters or police officers withdraw the recognition. Bargaining agents recognized by municipalities and having bargained with municipalities, prior to the effective date of this act, shall continue to be so recognized without a new selection by the majority of the firefighters or police officers.

1. The bargaining agent representing the department as the exclusive bargaining agent shall be determined by a majority vote of the police or firefighters of the department.

2. A question of whether a bargaining agent is the exclusive bargaining agent of the respective police or firefighters of a department shall be resolved by a fair election paid for by the bargaining agent or employees and conducted according to procedures agreed on by the parties. Such question arises where no bargaining agent is currently recognized as a bargaining agent or where a bargaining agent is recognized and another bargaining agent presents proof they represent at least forty percent (40%) of the respective police or firefighters of a department.

Any vote or ballot authorized by the agreed procedures shall be accompanied by a copy of the voter's driver license or other state-authorized identification card, and any vote or ballot submitted in person shall only be received by providing the same. The bargaining agent seeking to represent the members of the department and the municipality shall each be entitled to select one person to observe the counting and tabulating of ballots cast in the election.

3. If the parties are unable to agree on election procedures under paragraph 2 of this subsection, either party may request the American Arbitration Association to conduct the election and certify the results. Certification of the results of an election under this paragraph shall resolve the question regarding representation. Any expenses of the election imposed by the American Arbitration Association shall be borne in equal shares by both parties, except that, if any fraudulent activity occurs in the election procedures or in tabulating the votes, the offending party shall solely bear the expense.

4. No election shall be conducted in any bargaining unit which, in the preceding twelve-month period, a valid election has been held.

Added by Laws 1977, c. 256, § 51-103, eff. July 1, 1978. Amended by Laws 2021, c. 414, § 1, eff. Nov. 1, 2021.