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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 585. Public Employees Relations Board |
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Chapter 35. Certification Cases |
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Subchapter 3. Representation Petitions Under the FPAA |
SECTION 585:35-3-1. Petition filing and contents
Latest version.
- (1) A labor organization alleging that thirty percent (30%) of the firefighters or police officers in a municipality wish to be represented for collective bargaining by an employee representative;(2) A labor organization or an employee in the bargaining unit alleging that thirty percent (30%) of the firefighters 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. Contents of a petition shall contain the following:(1) A statement as to whether the petition is filed by a bargaining agent, by a corporate authority, or by an employee in the bargaining unit;(2) The name and address of all other parties proper to the proceeding; and(3) Any other relevant fact or facts.(c) Petition filed by bargaining agent; additional contents. When a petition is filed by a bargaining agent, the petition shall additionally contain:(1) 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;(2) The names and addresses of any other bargaining agents, known to the petitioner, who claim to represent any employees within the alleged appropriate unit;(3) The number of employees in the alleged appropriate unit;(4) The name, affiliation, if any, and the address of the petitioner; and(5) Any other relevant fact or facts.(d) Petition for decertification filed by employee; additional contents. When a petition for decertification is filed by an employee in the bargaining unit, the petition shall additionally contain:(1) A statement setting forth that thirty percent (30%) of the firefighters 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;(2) A description of the unit and the number of employees in the unit;(3) The name, affiliation, if any, and the address of the petitioner; and(4) Any other relevant fact or facts.(e) Petition for decertification filed by corporate authority; additional contents. When a petition for decertification is filed by a corporate authority, the petition shall additionally contain:(1) 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;(2) A description of such unit;(3) The number of employees in the unit;(4) A statement as to whether the petitioner agrees or disagrees as to the nature and scope of the bargaining unit claimed to be appropriate;(5) 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;(6) A statement as to whether the petitioner has contracts with any bargaining agent, and, if so, the expiration date of the contract; and,(7) Any other relevant fact or facts.