PERB RULES
promulgated June 1, 1998

Chapter Section

Subchapter Section

Authority: 11 O.S. § 51-101 et seq.; 75 O.S. § 302 et seq.]
[Source: Codified 12-17-91]

Section

585:1-1-1. Purpose
585:1-1-2. Statutory definitions
585:1-1-3. Additional definitions
585:1-1-4. Severability
585:1-1-5. Liberal construction

585:1-1-1. Purpose
The rules of this chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act, 75 O.S., Section 250 et seq; and are intended as aids to the efficient operation of the Board and to the orderly administration of the Fire and Police Arbitration Act; and to provide meaningful avenues for realizing and enforcing statutory rights and obligations of certain public employees, public employee organizations, and the municipal employers of this state.

585:1-1-2. Statutory definitions
Terms used in this Chapter shall have the same meaning as defined in the Act unless their context clearly indicates otherwise.

585:1-1-3. Additional definitions
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"ACT" or "The Act" means the Fire and Police Arbitration Act, 11 O.S.1991 and Supp.1997, Sec. 51-101, et seq.
"Board" or PERB" means the Public Employees Relations Board.
"Hearing Officer" means that individual designated by the Board to conduct a hearing.
"Party" means any person, employee organization or municipal employer named and participating in, or properly seeking and entitled by law to participate in, an individual proceeding; or whose motion to intervene has been granted by the Board.
"Quorum" means a majority of the Board.

585:1-1-4. Severability
If any provisions of the rules of this chapter be held invalid, it shall not be construed to invalidate any of the other provisions of the rules of this chapter.

585:1-1-5. Liberal construction
The rules of this chapter shall be construed liberally to effectuate the purposes and provisions of the Act.

Section 585:1-3-1.  PERB Board, description and powers, administrative officer 585:1-3-2. Quorum
585:1-3-3. Location for information or for filing
585:1-3-4. Public inspection of documents
585:1-3-5. Suspension of rules [REVOKED]
585:1-3-6. Forms and instructions
585:1-3-7. Petitions for rulemaking
585:1-3-8. Petitions for declaratory rulings

585:1-3-1.  PERB Board, description and powers; administrative officer
(a) The Board is an administrative body created by 11 O.S. § 51-101 et seq., specifically § 51-104. The Board consists of three (3) members who are appointed by the Governor, and whose powers and duties are prescribed by the Legislature.
(b) The Board may appoint an administrative employee or officer to carry out administrative functions of the Board including, but not limited to, conducting representation elections or unfair labor practice charge hearings. All determinations of fact or conclusions of law shall be made only by action of the Board.
(c) The Board, on its own motion, may initiate actions when the Board determines that it is necessary to do so in order to accomplish the objectives and to carry out the duties prescribed by the Act.

585:1-3-2. Quorum
Two members of the Board comprise a majority and shall constitute a quorum; and may transact any business or hold any hearing by a unanimous vote of the quorum. Any action of the Board shall require the affirmative vote of two members.

585:1-3-3. Location for information or for filing
Any person may obtain information from, make submission to, or make a request of the Board by writing to the Chairperson, Oklahoma Public Employees Relations Board, 1140 N.W. 63rd Street, Oklahoma City, Oklahoma 73116, Telephone (405) 843-1181.

585:1-3-4. Public inspection of documents
(a) The Board shall act at all times in accordance with the provisions of the Oklahoma Open Records Act, 51 O.S.1991 and Supp.1997, Sec.24A.1 et seq.
(b) The Public may obtain information relative to the operation of the Board by submitting written, telephonic, facsimile or other form of requests to the Executive Secretary of the Board. All public records shall be available during normal business hours. A member of the Board’s staff shall be available during normal business hours to receive and, as appropriate, respond to requests for record review and copying.
(c) All records of the Board shall be considered public records unless protected by a mandatory or permissive privilege of confidentiality. In the event a request is made for the release of records subject to a permissive privilege of confidentiality, the Executive Secretary of the Board shall determine whether or not disclosure shall be made.

585:1-3-6. Forms and instructions
(a) The Board shall cause to be created appropriate forms and instructions related to certification and decertification process, the filing of unfair labor practices, pre-hearing conference orders and for such other matters related to operations of the Board as deemed necessary by the Board.
(b) Forms and instructions shall be maintained at the offices of the Board and shall be available to any person upon request.

585:1-3-7. Petitions for rulemaking
(a) Any interested person may petition the Board in writing to promulgate, amend or repeal a rule.
(b) The Board shall maintain a permanent docket concerning petitions for the promulgation, amendment or repeal of a rule. At the time such a petition is filed, it shall be numbered, and the number of the petition, the date of filing, the designation of the action sought, and the name and address of the person who filed the petition shall be shown. The address shall include the city, state, street number or post office box and zip code.
(c) The petition must be filed with the Board in duplicate and shall be typewritten, except as maybe waived by the Board upon written request.
(d) The petition shall contain the following information as applicable and except as maybe waived by the Board:
   (1) A statement of the legal authority and jurisdiction under which the petition is filed;
   (2) The exact language of the proposed rule, amendment, or repeal requested;
   (3) A statement and legal references which show that the requested rule, amendment or repeal is not in conflict with any existing rule, ruling, order or opinion of the Board or any policy or provision of the Act or APA, or that any earlier rule, ruling, order or opinion should be set aside or modified;
   (4) A statement of the purpose of the requested rule, amendment or repeal and at least one example or fact situation to which the rule, amendment or repeal will apply; and
   (5) The name and address of the person who requested the rule, amendment or repeal. In the event the request is made by an association, the request shall also include the name and address of a contact person at said association who is able to provide meaningful information related to the request.
(e) The petition shall be submitted for study for a maximum period of ninety (90) days.
(f) The Board, on its own motion or upon the request of any other interested party, may require any petitioner to provide additional information, as may be specified by the Board, for use in the Board’s consideration and disposition of a petition. The failure of a petitioner to provide additional requested information shall constitute grounds for the Board to take no action on a petition.
(g) Upon completion of the study period, the Board, during a regular or special meeting, shall meet to consider the merits and proper disposition of the petition. Not less than ten (10)days prior to such meeting, the Executive Secretary shall notify the petitioner in writing of the date, time, and place such petition shall be considered, and the Board may request petitioner’s presence for purposed of argument or submission of other information related to the petition.
(h) At the time and place designated for the public hearing, proponents and opponents of the proposed rule, amendment or repeal of a rule may be heard in the manner and order set forth by the Board at that time.
(i) At the conclusion of the public hearing, the Board shall render its decision on the petition. In the event the Board concurs with the action indicated in the petition, it shall take immediate steps to adopt, amend, or revoke the subject rule. In the event the Board does not concur with the requested action, it shall within five (5) days of its consideration notify the petitioner of its nonconcurrence in writing, specifying the reasons for nonconcurrence.
(j) Dissatisfied parties may request a rehearing, reopening or reconsideration with ten (10)days from the date the action was taken by the Board in the manner allowed by the APA at 75 O.S.1991, §317, or its successor statute.
(k) Any person who desires notice of proposed rule changes may contact the Board office for inclusion on a mailing list. Such persons shall be notified of the time and place of the public hearing pursuant to subsection (h).

585:1-3-8. Petitions for declaratory rulings
(a) Any person who desires a ruling as to the application of any rule or order of the Board may file a petition with the Executive Secretary, in writing, to request such ruling.
(b) Unless the Board requests a formal opinion of the Attorney General, the Board shall, within sixty (60) days after receipt of the petition and during its next regular or special meeting, issue its declaratory ruling on the matter. The declaratory ruling shall consist of:
   (1) a restatement of the question posed in the petition;
   (2) an answer to the question posed in the petition; and
   (3) the reason or reasons for the answer given.
(c) A copy of the declaratory ruling shall be mailed to the person who requested the declaratory ruling immediately after its issuance by the Board.
(d) Copies of all declaratory rulings shall be placed in a permanent file at the offices of the Board for public inspection, copying and/or mechanical reproduction during regular business hours.
(e) Petitioning party shall make a good faith effort to notify all parties, and shall provide notice to all persons on the mailing list created in 585:1-3-7(k).

SUBCHAPTER 5. PROCEDURES

585:1-5-1.  Filing of documents
585:1-5-2.  Docketing
585:1-5-3.  Computation of time
585:1-5-4.  Notice of hearing
585:1-5-5.  Pre-hearing conference
585:1-5-6.  Amicus curiae
585:1-5-7.  Transcripts
585:1-5-8.  Rights of parties at hearings
585:1-5-9.  Amending of rules [REVOKED]
585:1-5-10. Declaratory rulings by the Board [REVOKED]

585:1-5-1. Filing of documents
(a) All complaints, pleadings, submissions, petitions, reports, exceptions, briefs, memoranda, discovery requests, and other papers required to be filed with the Board shall be filed at the Board's office.
(b) Such papers may be sent by mail or hand-carried to the Board's office within the time limit, if any, for such filing.
(c) The date on which the papers are actually received by the Board shall be deemed to be the date of filing.
(d) All papers shall be signed in ink by the party, by a duly authorized officer of the party, or by its attorney. The signature of the person signing the document constitutes a certification that such person has read the document; that to the best of such person's knowledge, information, and belief every statement contained in the instrument is true and correct and no such statements are misleading; and that the document is not interposed for delay. If any document submitted is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the proceeding may continue as though the document had not been served or filed.
(e) Unless otherwise specifically provided by a particular rule or order of the Board, the original and five copies of the papers, with certificate of service on all parties, shall be filed.
(f) The documents initiating any proceeding shall state on the first page thereof the name, mailing address, and telephone number of the person or persons who may be served with any documents filed thereafter in the proceeding.
(g) Documents not timely filed with the Board shall not be accepted by the Executive Secretary for filing unless specific permission for a late filing is granted by the Chairperson of the Board.

585:1-5-2. Docketing
The Board shall maintain a docket of all proceedings and each proceeding shall be assigned a case number.

585:1-5-3. Computation of time
The time within which an act is to be performed under the rules of this chapter shall be computed by excluding the first day and including the last. When the last day for the doing of an act required by the rules falls on a Saturday, Sunday or legal holiday then the required act may be performed on the next regular business day. The Board, for good cause shown, and with notice to all interested parties, may extend any time prescribed in the rules of this chapter.

585:1-5-4. Notice of hearing
The Board shall issue and serve upon all affected parties a notice of hearing, following receipt of a complaint, petition, or application filed in conformity with the rules of this chapter. The notice shall set out the time and place for the hearing. Except by agreement of the parties, or for good cause shown, the hearing shall be scheduled, subject to the provisions of 585:15-3-2, at a time not less than twenty (20) days nor more than ninety (90) days, after service of the notice. A copy of the complaint, petition or application shall be served with the notice. If a response to the complaint, petition, application, or notice is required, the deadline for such response shall be set out prominently therein.

585:1-5-5. Pre-hearing conference
(a) A pre-hearing conference shall be conducted in all proceedings set for hearing before the Board or a duly appointed hearing officer. The pre-hearing conference may be conducted by telephone when the mutual convenience of the parties so requires. The Board may designate an employee or its legal counsel to conduct the pre-hearing conference, which shall be scheduled approximately one month after the filing of the petition and upon at least ten (10) days notice to the parties.
(b) Parties will be represented by attorneys, unless appearing pro se.
(c) Prior to the pre-hearing conference, the parties shall confer and prepare a proposed pre-hearing conference order. It is the responsibility of the complainant to submit the proposed order. The parties shall submit to each other and enter into the proposed pre-hearing conference order:
   (1) A list of witnesses anticipated to be called at the hearing and each witness’ intended testimony;
   (2) A list of exhibits anticipated to be introduced. Each party shall provide a copy of each exhibit to the opposing party or counsel;
   (3) A statement of the issues to be resolved;
   (4) Stipulations
   (5) The anticipated length of the hearing, and;
   (6) The possibility of settlement.
(d) The parties may submit statements of facts of the case. The proposed pre-hearing conference order shall be compiled into a single document, which shall be filed at the offices of the Board no later than five (5) days prior to the pre-hearing conference. In addition, a copy of the order on computer disk, in a format compatible with the Board’s software, shall be submitted no later than five (5) days prior to the hearing.
(e) At the pre-hearing conference, the parties shall cooperate to attempt to simplify or resolve issues, stipulate, determine if a hearing is necessary or if the matter can be resolved on briefs, settle the case or take other action in furtherance of the proper resolution of the case. Neither the hearing officer nor Board employee shall have the authority to make binding, substantive orders upon the parties, except as may be specifically authorized by these rules, but can refer any issue to the Board for resolution.
(f) The parties are encouraged to complete discovery, as authorized by the Administrative Procedures Act, prior to the pre-hearing conference. If discovery is complete, the proposed final pre-hearing conference order shall be issued and signed by the hearing officer. No amendments shall be made to the pre-hearing conference order except as agreed upon by the parties or to prevent injustice.
(g) If discovery is not complete, a schedule for the completion of discovery shall be established, to include deadlines for the exchange of final witness lists, the exchange of final exhibit lists, and discovery cut-off. Subsequent to the completion of discovery but no more than ten (10) days prior to the hearing on the merits, the parties shall cooperate to prepare a final pre-hearing conference order, which shall be signed by the parties and submitted to the hearing officer of signature and submission to the Board as the final pre-hearing conference order.
(h) The failure to prepare and/or file a proposed pre-hearing conference order, the failure to appear at the pre-hearing conference, the failure to appear prepared at a conference or hearing, or the failure to participate in good faith may result in sanctions against the offending party, which may include the striking of a pleading, a preclusion order, staying the action, default judgment, removal of the party’s attorney from the case, or other sanction appropriate to remedy the misconduct.
(I) During the pre-hearing conference, a hearing date shall be set for a hearing on the merits. In the event the parties agree to submit the action upon briefs, a briefing schedule shall be set. During the pre-hearing conference, a date for the filing of dispositive motions shall be set, which shall be made sufficient to allow a response to any such motion and to submit such motion and response to the Board in a timely matter.

585:1-5-6. Amicus curiae
(a) A brief of an amicus curiae which is confined to the issues raised by the parties may be filed if it is accompanied by written consent of all the parties. If consent is denied by any of the parties, the amicus curiae may file a statement which concisely discloses the nature and extent of the applicant's interest, states any facts or questions of law which may not be presented adequately by the litigants, and the relevancy of these facts or questions of law to the disposition of the case. An original and five copies should be filed with the Board, with certificate of service upon all parties. If an objection is not filed within ten (10) days, consent shall be deemed to have been granted. If an objection is filed, the Board shall review the statement and the objections to determine whether to allow the filing of the amicus brief.
(b) The disposition of a case will not be delayed pending action on a motion for leave to file an amicus curiae brief or to await the filing of a brief amicus curiae. If the filing of an amicus curiae brief is allowed either by the consent of the parties or by the Board, it must be filed within the briefing schedule set for the party supported.
(c) Leave may be sought by any party in the case to file a response to the amicus curiae brief.

585:1-5-7. Transcripts
The Board shall not arrange for a court reporter to be present at any hearing except upon the written request of a party after arrangements have been made by the requesting party to pay all costs therefor. The Board shall record hearings electronically but shall not transcribe any hearing. A party shall be entitled to a transcript of the oral proceedings upon request, but shall be obligated to pay for the cost incurred in obtaining a transcript of the oral proceedings. Requests for transcripts should be made through the Board either on the record or in writing. That portion of a hearing constituting adjudicative or quasi- adjudicative deliberations of the Board shall not be recorded.

585:1-5-8. Rights of parties at hearings
Any party shall have the right to appear at any hearing in person or by counsel duly licensed to practice law in the State of Oklahoma, and any party and the Board shall have the power to call and examine witnesses, and to introduce into the record documentary and other evidence.

SUBCHAPTER 7. HEARINGS
585:1-7-1.  Hearings to be conducted by Board or hearing officer
585:1-7-2.  Open hearings
585:1-7-3.  Motions
585:1-7-4.  Appearances
585:1-7-5.  Witnesses
585:1-7-6.  Discovery
585:1-7-7.  Subpoenas
585:1-7-8.  Rules of evidence
585:1-7-9.  Contemptuous conduct
585:1-7-10. Amendment of documents
585:1-7-11. Retention of documents by the Board
585:1-7-12. Substitution of parties
585:1-7-13. Consolidation
585:1-7-14. Intervention in proceeding
585:1-7-15. Agreed statement of facts
585:1-7-16. Burden of proof
585:1-7-17. Argument, briefs, proposed findings
585:1-7-18. Decisions and orders of the Board
585:1-7-19. Unauthorized ex parte communications

585:1-7-1. Hearings to be conducted by Board or hearing officer
All hearings shall be conducted by the Board unless the Board finds it necessary or desirable to appoint a hearing officer to conduct a hearing. The Board may confer upon such hearing officer the necessary powers, subject to the Oklahoma Administrative Procedures Act, to conduct such hearing and/or any procedural matters related thereto.

585:1-7-2. Open hearings
Hearings shall be open to the public unless otherwise authorized pursuant to the Open Meeting Act. The Board shall comply with the Open Meetings Act in all hearings. The Board may enter executive session, in compliance with the Open Meetings Act, as appropriate.

585:1-7-3. Motions
(a) The Board recognizes all those motions permitted under the Oklahoma Pleading Code, 12 O. S. Supp. 1986, §2001 et seq; as well as a party's motion requesting the Board to defer to either pending or completed grievance arbitration.
(b) All motions made during a hearing shall be made part of the record of the proceedings.
(c) All motions other than those made during a hearing shall be subject to the following:  
   (1)  Such motions shall be made in writing to the Board, shall briefly state the relief sought, and shall be accompanied by affidavits and/or memoranda setting forth the grounds upon which they are based.  
   (2)  The moving party shall, concurrently therewith, serve a copy of all motions and supporting documents on all other parties.
   (3)  Any response or objection to the motion shall be filed with the Board within fifteen (15) days of receipt of the motion, and shall be served on all parties;
  (4)  The Board may decide to hear oral argument or testimony thereon, in which case the Board shall notify the parties of such fact and of the time and place of such argument or the taking of such testimony.  
(d) In the event the Board determines it lacks the jurisdiction or necessary legal authority to rule upon any filed motion, it shall promptly so advise the parties.

585:1-7-4. Appearances
The provisions of Section 585:1-5-8 shall govern appearances at a hearing.

585:1-7-5. Witnesses
Except when testimony or evidence is submitted by affidavit as authorized by the Administrative Procedures Act, witnesses shall appear in person and shall be examined under oath or affirmation.

585:1-7-6. Discovery
Discovery may be conducted as authorized by the Administrative Procedures Act. Additional procedures for discovery may be undertaken as agreed upon by the parties. Parties shall cooperate fully and in good faith to comply with discovery requests. the Board may impose any sanction specified in 585:1-5-5(h) for the failure or refusal of a party to comply with a proper discovery request.

585:1-7-7. Subpoenas
(a) Issuance of subpoenas. The Board may issue subpoenas to require the attendance of witnesses in this State and the production of books and papers at a hearing or deposition held pursuant to the rules of this chapter.
(b) Application for subpoena. Any party may file a written application for subpoenas with the Board before the hearing.
(c) Motion to revoke subpoenas.

(1) A motion to revoke or quash a subpoena may be filed with the Board not later than three (3) days from the date of service of the subpoena.
(2) The Board shall give notice of the filing of a motion to revoke or quash to the applicant for subpoena.

(d) Ruling on motion to revoke or quash.

(1) The Board may revoke or quash a subpoena on the ground that the subpoena does not reasonably relate to any matter under investigation, inquiry, or hearing; that the subpoena does not describe with sufficient particularity the evidence sought, or that the evidence sought from the witness is privileged under the law or the provisions of the rules of this chapter.
(2) The Board shall make a statement as to the basis for its ruling.
(3) An aggrieved party may request that the motion to revoke or quash a subpoena, the answer thereto, if any, and the Board's statement of the basis for its ruling be made part of the record.

(e) Witnesses.

(1) No person served with a subpoena issued by the Board shall refuse or neglect to appear, to testify, or to produce books and papers relevant to such investigation, inquiry, or hearing as commanded in such subpoena without the timely filing of a motion to revoke or quash a subpoena with the Board.
(2) A failure to comply with, or neglect of, a subpoena issued by the Board may be certified by the Board to a court of competent jurisdiction for an order of compliance.

585:1-7-8. Rules of evidence
(a) In any proceeding before the Board, the Board shall not be bound by technical rules of evidence. The Board may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.
(b) All irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
(c) The Board shall give effect to the rules of privilege recognized by law.
(d) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, provided that upon request parties shall be given an opportunity to compare the copy with the original.
(e) Each party shall have the right to conduct such cross- examination as may be required for a full and true disclosure of the facts and shall have the right to submit rebuttal evidence.
(f) The Board may take notice of judicially cognizable facts.
(g) The Board may take notice of generally cognizable technical or scientific facts within its specialized knowledge; however, parties shall be notified either before or during the hearing of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.

585:1-7-9. Contemptuous conduct
The refusal of a witness at any such hearing to answer any question which has been ruled to be proper may, in the discretion of the Board, be grounds for striking all testimony previously given by such witness on related matters.

585:1-7-10. Amendment of documents
(a) Any document filed in a proceeding may be amended, in the discretion of the Board, at any time prior to the issuance of a final order thereon.
(b) If such document is not in substantial conformity with the applicable rules of the Board as to the contents thereof, or is otherwise insufficient, the Board, on its own initiative or upon motion of a party, may strike or dismiss such document, or require its amendment. A party moving for amendment of a document shall file a motion for leave to amend together with the proposed amended document.
(c) If amended, the document shall be effective as of the date of the original filing, if it relates to the same proceeding.

585:1-7-11. Retention of documents by the Board
(a) All documents filed with or presented to the Board shall be retained in the files of the Board.
(b) The Board may permit the withdrawal of original documents upon submission of properly authenticated copies to replace such documents.

585:1-7-12. Substitution of parties
Upon motion and for good cause shown, the Board may order substitution of parties, except that in the case of death of a party, substitution may be ordered without the filing of a motion.

585:1-7-13. Consolidation
The Board, on its own initiative or upon motion, may consolidate for hearing or other purposes or may contemporaneously consider two or more proceedings which involve substantially the same parties or issues if it finds that such consolidation of proceedings or contemporaneous consideration will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings.

585:1-7-14. Intervention in proceeding
(a) Intervention - representation. Any third party having a legitimate interest in any representation proceedings may file a petition of intervention setting forth facts sufficient to establish such interest. For the purpose of third party intervention, "legitimate interest" means the intervenor must be able to prove it is authorized to represent at least ten percent (10%) of the employees within a proposed bargaining unit. Any bargaining agent which has a signed, collective bargaining agreement encompassing the proposed bargaining unit, or any portion thereof, shall be considered to have a legitimate interest in any proceeding, upon presentation of the same.
(b) Intervention in proceeding, other.

1) In any proceeding other than representation proceedings, a petition to intervene and become a party thereto shall be submitted in writing to the Board. 
(2) The petition shall contain the following:

(3) The original and five copies of the petition, with certificate of service on all parties, shall be filed with the Board. Any party objecting to the intervention shall file its written objection with the Board within five (5) days of receipt of the petition.
(4) Intervention shall not be granted except on averments which are reasonably pertinent to the issues already presented but do not unduly broaden them. If intervention is granted, the petitioner thereby becomes an intervenor and a party to the proceeding to the degree indicated by the order allowing intervention.

585:1-7-15. Agreed statement of facts
In any proceeding an agreed statement of facts may be introduced into the record with respect to any issue. An agreed statement of facts may be accepted by the Board without a hearing. The parties to an agreed statement of facts may agree to a waiver of hearing. Such agreed statements of fact are especially encouraged when the parties have reason to believe that the primary issue(s) for decision by the Board are purely issues of law.

585:1-7-16. Burden of proof
The charging party, in asserting a violation of § 51-102 (6) of the Act, shall have the burden of going forward and of proving the allegations by a preponderance of the evidence. The employer shall meet the same burdens when it requests a unit determination hearing. The party raising any subsequent issue shall have the burden of proving that issue by a preponderance of the evidence.

585:1-7-17. Argument, briefs, proposed findings
(a) Any party shall be entitled, upon request made before the close of a hearing, to present oral argument.
(b) Any party shall be entitled, upon request made before the close of a hearing, to file a brief or proposed findings of facts and conclusions of law, or both, within such time as may be fixed by the Board.
(c) The Board may direct oral argument or the filing of briefs or proposed findings of facts, conclusions of law, or both, when it deems the submission of briefs or proposed findings, or both, is warranted by the nature of the proceedings or the particular issues therein.
(d) A request for extension of time within which to file a brief or proposed findings shall be made in writing to the Board at least three (3) days before the expiration of the required time for filing, and shall be accompanied by an affidavit setting forth the grounds upon which it is based and indicating the position of the other parties with regard to such request.

585:1-7-18. Decisions and orders of the Board
(a) Every decision and order rendered by the Board shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party has filed proposed findings of fact, the Board shall incorporate in its decision a ruling upon each proposed finding so presented. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed to each party or to each party's attorney or representative, and shall be released for public information. (b) Copies of such documents shall be available for public inspection in the office of the Board or may be obtained upon request and upon payment of costs, if any.

585:1-7-19. Unauthorized ex parte communications
(a) Unauthorized ex parte communications are defined as private communications, other than those permitted elsewhere in this chapter, with members of the Board or counsel for the Board, as to the merits of a proceeding, i.e., any finding of fact or conclusions of law, with a view towards influencing the outcome of the case, except that the following classes of ex parte communications shall not be prohibited:

(1) Those which relate to matters which a Board member is authorized to dispose of on an ex parte basis.
(2) Requests for information with respect to the status of a proceeding.
(3) Those which all parties to the proceeding agree, or which the Board has formally ruled, may be made on an ex parte basis.
(4) Those with representatives of any news media on matters intended to inform the general public.

(b) No public employee, employee organization, public employer, or any other person or organization, whether or not a party to a proceeding before the Board, shall make any unauthorized ex parte communication about the proceeding to any member of the Board or to counsel for the Board.

Section
585:10-1-1.  Purpose
585:10-1-2.  Statutory definitions
585:10-1-3.  Additional definitions
585:10-1-4.  Complaint
585:10-1-5.  Answer
585:10-1-6.  Amendment of complaints and answers
585:10-1-7.  Informal disposition
585:10-1-8.  Violation of the Act
585:10-1-9.  Severability
585:10-1-10. Liberal construction
585:10-1-11. Suspension of rules [REVOKED]
585:10-1-12. Computation of time
[Authority: 11 O.S. 51-101 et seq.]
[Source: Codified 12-17-91]

585:10-1-1. Purpose
The rules of this chapter have been adopted for the purpose of providing information concerning the filing of Unfair Labor Practice charges, answers, counterclaims and motions, amended claims and answers, and informal disposition of such claims, pursuant to § 51-104b of the Act.

585:10-1-2. Statutory definitions
Terms used in this Chapter shall have the same meaning as defined in the Act unless their context clearly indicates otherwise.

585:10-1-3. Additional definitions
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"ACT" or "The Act" means the Fire and Police Arbitration Act 11, O.S.1991 and Supp.1997, Sec. 51-101, et seq.
"Board" or "PERB" means the Public Employees Relations Board.
"Hearing Officer" means that individual designated by the Board to conduct a hearing.
"Party" means any person, employee organization or municipal employer named and participating in, or properly seeking and entitled by law to participate in, an individual proceeding; or whose motion to intervene has been granted by the Board.
"Quorum" means a majority of the Board.

585:10-1-4. Complaint
(a) Filing of complaint.

(1) A complaint that any person, organization, or municipal employer has engaged in or is engaging in an unfair labor practice under the Act may be filed by any person, employee organization or public employer. A complaint shall be in writing and signed in accordance with 585:1-5-1, and shall be in a form provided by the Board. The complaint and five copies shall be filed with the Board.
(2) A complaint shall be deemed untimely and shall be dismissed if filed with the Board more than one (1) year following the alleged violation.

(b) Contents of complaint. The complaint shall include the following:

(1) The name and address and organizational affiliation, if any, of the complainant, and the title of any representative filing the complaint.
(2) The name and address of the respondent or respondents and any other party named therein.
(3) A clear and concise statement of the facts constituting the alleged unfair labor practice, including the names of the individuals involved in the alleged act, the dates and places of the alleged occurrence, and the specific section or sections of the Act alleged to have been violated. The purpose of the complaint is to apprise the respondent fairly of the substance of the complaint against it. The sufficiency of a complaint may be challenged by motion, answer or responsive pleading, or at the pre-hearing conference.

585:10-1-5. Answer
(a) Responsiveness of answer. A respondent shall file a written answer, or other responsive pleading permitted by these rules, to an unfair labor practice complaint within twenty (20) days after service of the complaint. One copy of the answer shall be served on each party, and the original and five copies, with certificate of service on all parties, shall be filed with the Board.
(b) Contents of answer. The answer shall contain the following:

(1) A specific admission, denial, or explanation of each allegation of the complaint, or, if respondent is without knowledge thereof, respondent shall so state and that statement shall constitute a denial. Admissions or denials may be made to all or part of the allegation, but shall fairly meet the substance of the allegation.
(2) A specific and appropriately detailed statement of any affirmative defense.
(3) A clear and concise statement of the facts and matters of law relied upon constituting any grounds of defense.
(4) All allegations of new matter in the answer shall be deemed denied without the necessity of a reply.

(c) Amendment of answer. The Board may permit the respondent to amend the answer subject to the limitations of Section 585:1-5-5.

(d) Timeliness of pleadings.

(1) If the respondent fails timely to file an answer or other permitted or required responsive pleading, such failure is subject to the sanctions set out in Section 585:1-5-5 (h).
(2) In extraordinary circumstances, as determined by the Board, the Board may extend the time within which the answer shall be filed.

585:10-1-6. Amendment of complaints and answers
The Board may permit an amendment to an unfair labor practice complaint or to the answer, upon due notice to all parties, at any time and on such terms as it may determine, prior to the issuance of a final order thereon.

585:10-1-7. Informal disposition
(a) Any unfair labor practice case commenced with the Board may be informally settled by stipulation, agreed settlement, consent order, default, or by any other method agreed upon by the parties in writing.
(b) Evidence of any proposed offer of settlement of an unfair labor practice complaint shall be inadmissible at the hearing thereon.

585:10-1-8. Violation of the Act
Violation of this Act may result in enforcement pursuant to state statute.

585:10-1-9. Severability
If any provisions of the rules of this chapter be held invalid, it shall not be construed to invalidate any of the other provisions of the rules of this chapter.

585:10-1-10. Liberal construction
The rules of this chapter shall be construed liberally to effectuate the purposes and provisions of the Act.

585:10-1-12. Computation of time
The time within which an act is to be performed under the rules of this chapter shall be computed by excluding the first day and including the last. When the last day for the doing of an act required by the rules falls on a Saturday, Sunday or legal holiday then the required act may be performed on the next regular business day. The Board, for good cause shown, and with notice to all interested parties, may extend any time prescribed in the rules of this chapter.

Subchapter Section

1. General Provisions............................................................................585:15-1-1
3. Representation Petitions...................................................................585:15-3-1
5. Elections.........................................................................................585:15-5-1

[Authority: 11 O.S. 51-101 et seq.]
[Source: Codified 12-17-91]

585:15-1-1. Purpose
585:15-1-2. Statutory definitions
585:15-1-3. Additional definitions
585:15-1-4. Severability
585:15-1-5. Violation of the Act
585:15-1-6. Liberal construction
585:15-1-7. Suspension of rules [REVOKED]
585:15-1-8. Computation of time

585:15-1-1. Purpose
The rules of this chapter provide procedures for filing representation and decertification petitions; set out the requirements for the content of petitions and for show of interest; the responsibilities of corporate authorities; bars to an election; and unit determination; and other matters concerning representation petitions; pursuant to §51-103 of the Act.

585:15-1-2. Statutory definitions
Terms used in this Chapter shall have the same meaning as defined in the Act unless their context clearly indicates otherwise.

585:15-1-3. Additional definitions
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"ACT" or "The Act" means the Fire and Police Arbitration Act, 11 O.S.1991 and Supp.1997, Sec. 51-101 et seq.
"Board" or "PERB" means the Public Employees Relations Board
"Hearing Officer" means that individual designated by the Board to conduct a hearing.
"Party" means any person, employee organization or municipal employer named and participating in, or properly seeking and entitled by law to participate in, an individual proceeding; or whose motion to intervene has been granted by the Board.
"Quorum" means a majority of the Board.

585:15-1-4. Severability
If any provisions of the rules of this chapter be held invalid, it shall not be construed to invalidate any of the other provisions of the rules of this chapter.

585:15-1-5. Violation of the Act
Violation of this Act may result in enforcement pursuant to state statute.

585:15-1-6. Liberal construction
The rules of this chapter shall be construed liberally to effectuate the purposes and provisions of the Act.

585:15-1-8. Computation of time
The time within which an act is to be performed under the rules and regulations of this chapter shall be computed by excluding the first day and including the last. When the last day for the doing of an act required by the rules and regulations falls on a Saturday, Sunday or legal holiday then the required act may be performed on the next regular business day. The Board, for good cause shown, and with notice to all interested parties, may extend any time prescribed in the rules of this chapter.

Section 
585:15-3-1. Petition filing and contents
585:15-3-2. Bars to an election
585:15-3-3. Evidence of representation or legitimate interest, authorization cards
585:15-3-4. Showing of interest; determination of adequacy
585:15-3-5. Responsibilities of corporate authority
585:15-3-6. Determination of collective bargaining unit
585:15-3-7. Investigation
585:15-3-8. Hearing
585:15-3-9. Petition for consent election

585:15-3-1. Petition filing and contents
(a) Who may file. A representation or decertification petition may be filed with the Board by:

(1) A labor organization alleging that thirty (30%) percent of the firefighters or police officers in a municipality wish to be represented for collective bargaining by an employee representative; or

(2) A labor organization or a corporate authority alleging that thirty (30%) percent of the fire fighters or police officers in a municipality assert that the designated exclusive employee representative is no longer the representative of the majority of the employees in the unit; or

(3) An 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.

(b) Contents of petition.

        (1) General. A petition shall contain the following:

(A) A statement as to whether the petition is filed by a bargaining agent or by a corporate authority.
(B) The name and address of all other parties proper to the proceeding.

(2) Filed by public employees. When a petition is filed by a bargaining agent, the petition shall additionally contain:

(A) A description of the bargaining unit which the petitioner claims to be appropriate; and a statement that the petitioner is authorized to represent at least thirty percent (30%) of the employees within the claimed bargaining unit and has sufficient authorization cards or other evidence to substantiate it.
(B) The names and addresses of any other bargaining agents, known to the petitioner, who claim to represent any employees within the alleged appropriate unit.
(C) The number of employees in the alleged appropriate unit.
(D) The name, affiliation, if any, and the address of the petitioner
(E) Any other relevant fact or facts.

(3) Filed by corporate authorities. When a petition for decertification is filed by a corporate authority, it shall contain:

(A) A brief statement setting forth that one or more bargaining agents claim to be the exclusive bargaining agent of all employees within the unit claimed to be appropriate;
(B) A description of such unit;
(C) The number of employees in the unit;
(D) A statement as to whether the petitioner agrees or disagrees as to the nature and scope of the bargaining unit claimed to be appropriate.
(E) The name or names, affiliation, if any, and addresses of the bargaining agent known to the petitioner making claims for recognition as an exclusive bargaining agent.
(F) A statement as to whether the petitioner has contracts with any bargaining agent, and, if so, the expiration date of the contract.
(G) Any other relevant fact or facts.

585:15-3-2. Bars to an election
Notwithstanding the filing or pendency of an election petition, the Board shall conduct no representation election when one or more of the following conditions exist:

(1) Election bar. During the one (1) year period following the date of certification, decertification or noncertification subsequent to a valid representation election.
(2) Existence of a collective bargaining agreement. Whenever a collective bargaining agreement exists, provided such agreement is written and executed by the parties to it. This contract bar shall not apply to a representation election in a unit clarification case.
(3) Decertification elections. Petitions for decertification which are filed with the Board not less than one hundred eighty (180) nor more than two hundred forty (240) days prior to the stated expiration date of an otherwise valid collective bargaining agreement shall be processed by the Board notwithstanding the provisions of (2) of this subsection, and any election ordered by the Board pursuant to § 51-103, shall be conducted not more than one hundred eighty (180) nor less than one hundred fifty (150) days prior to the expiration of the collective bargaining agreement.
(4) Disclaimer. Notwithstanding the provisions of (3) of this subsection, the Board will process a valid decertification petition accompanied by an adequate show of interest as required by 585:15-3-1 at any time if the certified employee organization files a disclaimer of representation. A disclaimer of representation is a statement signed by an authorized representative of the certified employee organization, stating that the employee organization wishes to disclaim representation of the employees in the certified bargaining unit.

585:15-3-3. Evidence of representation or legitimate interest; authorization cards.
Evidence of representation or legitimate interest may be either by individual authorization cards, membership records, or by petition. In any case, the petition, membership records, or authorization cards must show the address and be signed and dated by the employee expressing an intent to be represented by a specific bargaining agent. Cards shall be considered valid if the dates thereon, and other evidence provided to the Board, indicate a regularity of continuing interest by the employees signing the petition or authorization cards.

585:15-3-4. Showing of interest; determination of adequacy
The showing of interest submitted to the Board shall not be furnished to any of the opposing parties. The Board alone shall determine the adequacy of the showing of interest, and the Board's decision shall not be subject to collateral attack at a hearing before the Board.

585:15-3-5. Responsibilities of corporate authority
The Corporate Authority shall furnish the Board, within twenty (20) days of receipt of a notice from the Board, an alphabetical list of names, addresses, departments and job titles of all employees within the proposed bargaining unit as described in the petition. The list of employees shall be as shown by the payroll for the period immediately preceding the date on which the petition for representation was filed with the Board. The corporate authority shall designate, by notation on the list, those persons it considers to be permanent, paid employees. Failure by the corporate authority to furnish such a list within the time allowed shall be deemed to be an admission of the sufficiency of the petitioner's showing of interest.

585:15-3-6. Determination of collective bargaining unit
(a) The Board shall decide in each case before it, in which the issue is raised, the unit appropriate for the purpose of collective bargaining, and shall consider such factors as community of interest, wages, hours, and other working conditions for the employees involved, the history of collective bargaining for the proposed unit (if any), and the desires of the employees.
(b) For a unit of firefighters or police officers, the terms "firefighters" and "police officers" shall mean the permanent paid members of any fire department or police department in any city, town or municipality within the State of Oklahoma but shall not include the chief of police and an administrative assistant and the chief of the fire department and an administrative assistant. The administrative assistant shall be that person so designated by the chief of the police department and that person so designated by the chief of the fire department.

585:15-3-7. Investigation
Subsequent to the filing of a petition for decertification, the Board may direct an investigation of all questions concerning representation, including, if applicable, whether the showing of interest requirement, as set forth in the Act, has been met; whether one or more bargaining agents seek to represent some or all of the employees in the allegedly appropriate unit, and whether there is an agreement among the parties as to the appropriateness of the unit.

585:15-3-8. Hearing
The Board may direct a hearing following the filing of a petition for decertification, and any such hearing shall be conducted under the rules prescribed in Chapter 1 of this Title.

585:15-3-9. Petition for consent election
(a) Where a question of representation exists, the parties involved may petition the Board to hold an election to determine the exclusive bargaining agent for such unit. The consent election shall be conducted under the direction and supervision of the Board. An election shall not be directed in any bargaining unit or any subdivision thereof within which, in the preceding twelve-month period, a valid election has been held.
(b) Within seven (7) days of notice that an election has been set, the corporate authority shall furnish to the Board, and to each party to the proceedings, an alphabetical list of the names, addresses, departments and job titles of the permanent paid employees in the appropriate unit on the eligibility payroll date who were on the payroll on the date of the filing of the petition and who are on the payroll at the time of the submission of the list. Failure of the corporate authority to furnish the above described list shall be good cause for the Board to exercise its discretion in ordering that a free and untrammelled election cannot be conducted and certifying a bargaining agent as the exclusive bargaining agent for the appropriate unit.
(c) In cases of a Board-ordered election, the eligibility payroll date shall be determined by the Board.

Section
585:15-5-1. Election procedure
585:15-5-2. Certification of election results

585:15-5-1. Election procedure
The following procedure shall be followed when conducting an election to determine the exclusive bargaining agent for a unit:

(1) General. All elections shall be by secret ballot, at times, places, and in such manner as the Board may direct, and may be conducted by a designated agent of the Board, whose determination of all questions arising shall be final, subject, however, to review by the Board.

(2) Ballots.

(A) Ballots shall be prepared and issued by the Board. The color of the ballot must not be disclosed to any of the parties prior to the opening of the polls. Ballots shall contain the name of each bargaining agent and a choice of "no representative" in inclusive elections.
(B) The places on the ballot shall be based on agreement among the parties if there is an agreement, and on chance if there is no agreement among the parties.
(C) In the case of a run-off election involving two bargaining agents, their position on the ballot shall be the same as their position on the ballot during the first election.

(3) Observers. Each party to an election shall be entitled to be represented by a equal number of observers at each polling place. Observers on behalf of a bargaining agent shall be employees eligible to vote or other appropriate employees not on the list of eligible voters, but excluding supervisors and administrative officials except in cases of a supervisory unit.
(4) Polling area; electioneering. Prior to the commencement of the election the agent of the Board shall designate the polling area and no electioneering of any kind shall be permitted within this area. Any violation of the rule by any party or its representative or agent may be grounds for setting aside the election.
(5) Challenged ballots. Any prospective voter may be challenged for cause. A challenged voter shall be permitted to vote but the ballot shall not be cast. It shall instead be sealed in a separate, unmarked envelope under the supervision of the agent of the Board, and then inserted in a special identifiable form envelope provided by the Board for that purpose, and then placed in the ballot box.
(6) Pre-election conference.

(A) A pre-election conference shall be held before the election to check the eligibility list. Labor organizations may examine the eligibility list, and raise any questions concerning listings or omissions. Names may be added or deleted from the list. Where a labor organization asserts that a name should be added and the corporate authority disagrees, the name shall not be added to the list, but it shall be understood that the individual may appear at the voting place to cast a challenged ballot. Where a labor organization contends that a name should be stricken from the list, but no agreement is reached, the organization's observer may challenge the voter when s/he appears to vote.
(B) After the list has been checked, all parties should initial the list, and the initialed list will be the official eligibility list. Initialing is not to be construed as a waiver of the right of challenge.

(7) Majority. In all elections, a majority of the valid votes cast shall determine the exclusive bargaining agent designated or selected by the employees in the defined appropriate unit; or the determination that no representative has been designated.
(8) Canvass. Each party to the election shall be permitted to observe the canvass of the ballots.
(9) Objections. All objections to any party's conduct during an election, and all exceptions to the Board's conduct of an election, shall be filed within five (5) working days of the closing of the polls with copies of the same being mailed to all parties in the proceeding, with postage prepaid thereon. The Board shall take such action as is reasonably calculated to accomplish the objectives and to carry out the duties prescribed by the Act.
(10) Run-off election. The Board shall conduct a run-off election when an election in which the ballot provides for not less than three (3) choices, i.e., at least two representatives, and the election results in no choice receiving a majority of the valid ballots cast. The ballot in the run-off election shall provide for a selection between the two choices receiving the largest number of votes. The Board shall conduct the run-off election expeditiously.

585:15-5-2. Certification of election results
(a) If the challenged ballots are insufficient in number to affect the result of an election to determine an exclusive bargaining agent, and if no run-off election is to be held, the Board shall forthwith issue to the parties a certification of the results of the election, including certification of an exclusive bargaining agent, where appropriate.
(b) The Board's certification as to the result of the election and the exclusive bargaining agent shall be final, subject only to being modified, revoked, or sustained in a hearing on any objections to the conduct of the parties or conduct of the Board. Time for appeal shall not commence to run until such time as the Board issues an order on any objections filed as to the conduct of the parties or conduct of the Board.
(c) The Board may also certify a labor organization as the exclusive bargaining agent if it determines that a free and untrammelled election cannot be conducted because of the employer's unfair labor practice.

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Copyright © 2005
Last modified: May 20, 2005