Okla. Admin. Code § 585:35-3-1

Current through Vol. 42, No. 4, November 1, 2024

Section 585:35-3-1 - Petition filing and contents

(a)Filing. A representation or decertification petition may be filed with the Board by:

(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.

Okla. Admin. Code § 585:35-3-1

Added at 24 Ok Reg 1645, eff 6-11-07¹

¹See Editor's Note at beginning of this Chapter.