Oklahoma Administrative Code Title 585 - Public Employees Relations Board
Oklahoma Administrative Code
Title 585 — Public Employees Relations Board (PERB)
Overview
Title 585 governs the Oklahoma Public Employees Relations Board (PERB), the administrative agency responsible for overseeing and enforcing the Oklahoma Public Employee Relations Act (OPERA). This act governs labor relations between public employers (such as state and local government entities) and public employees or their unions.
The Board’s primary responsibilities include:
Facilitating collective bargaining between public employees and their employers.
Adjudicating labor disputes, unfair labor practice complaints, and representation petitions.
Ensuring compliance with public sector labor laws.
Promoting fair and effective labor relations in Oklahoma's public sector.
Legal Authority
Established under 74 O.S. §§ 501–536 (Oklahoma Public Employee Relations Act).
Title 585 codifies procedural rules and administrative guidelines for PERB’s operation, including filing claims, conducting hearings, and issuing rulings.
The Board’s jurisdiction covers most state agencies, cities, counties, school districts, and other public bodies in Oklahoma.
Key Provisions of Title 585
1. Scope of Jurisdiction
Covers all public employees in Oklahoma, except elected officials, confidential employees, managerial employees, and supervisors as defined by law.
Applies to public sector bargaining units, labor organizations, and employers.
Determines appropriate bargaining units for representation.
2. Representation Elections
Procedures for union representation elections are set by PERB.
Employees may petition to form, join, or decertify unions.
The Board oversees fair elections to establish exclusive bargaining representatives.
3. Unfair Labor Practices
Title 585 outlines procedures for filing complaints alleging unfair labor practices by employers or unions.
Typical allegations include:
Interference with union activities.
Refusal to bargain in good faith.
Discrimination against employees based on union membership.
PERB investigates complaints and holds hearings as needed.
4. Collective Bargaining
Facilitates negotiations between public employers and recognized unions.
Enforces agreements and resolves disputes over contract interpretation or enforcement.
Provides mediation or arbitration services when voluntary resolution fails.
5. Hearings and Appeals
Administrative hearings conducted by PERB members or designated hearing officers.
Rules govern:
Filing timelines.
Evidence submission.
Witness testimony.
Decision-making processes.
Decisions may be appealed to Oklahoma courts under the Administrative Procedures Act.
6. Filing Requirements and Fees
Establishes filing procedures for petitions, complaints, and other documents.
Defines fee structures for certain filings to support administrative costs.
7. Confidentiality and Records
Governs the confidentiality of certain proceedings and records.
Maintains transparency consistent with Oklahoma’s Open Records laws.
Relevant Case Law
1. Public Employees Relations Board v. Oklahoma Education Association (1988)
Issue: Whether a teachers’ union met the statutory requirements to represent a bargaining unit.
Holding: Oklahoma Supreme Court upheld PERB’s authority to define and certify bargaining units.
Significance: Affirmed the Board’s discretion in unit determination and its essential role in public sector labor relations.
2. City of Tulsa v. Public Employees Relations Board (2002)
Issue: City challenged PERB’s order to bargain in good faith after allegations of refusal to negotiate with a municipal employees’ union.
Holding: The court affirmed PERB’s decision, emphasizing that public employers have a statutory duty to bargain.
Significance: Reinforced the obligation of public employers to engage in good-faith bargaining.
3. Oklahoma Public Employees Relations Board v. Oklahoma County Sheriff’s Department (2010)
Issue: Sheriff’s department was accused of retaliatory discharge against union members.
Holding: PERB’s findings of unfair labor practices were upheld by the court.
Significance: Established protections against employer retaliation in public employment.
4. Fraternal Order of Police v. City of Norman (2016)
Issue: Dispute over arbitration award enforcement under a collective bargaining agreement.
Holding: The court ruled in favor of enforcing the arbitrator’s decision as binding.
Significance: Highlights the enforceability of PERB-mediated agreements and arbitration awards.
Practical Implications
| Stakeholder | Role and Responsibility |
|---|---|
| Public Employers | Must bargain in good faith, comply with PERB rulings, and refrain from unfair practices. |
| Public Employees/Unions | May seek representation, file unfair labor practice complaints, and negotiate contracts. |
| PERB | Oversees elections, resolves disputes, enforces labor laws, and provides administrative hearings. |
Summary Table of Title 585
| Provision | Description |
|---|---|
| Jurisdiction | Covers public employees except certain exclusions |
| Representation Elections | Rules for union certification and decertification |
| Unfair Labor Practices | Complaint and investigation procedures |
| Collective Bargaining | Negotiation facilitation and enforcement |
| Hearings and Appeals | Formal process for adjudication and judicial review |
| Filing Procedures and Fees | Guidelines for submissions and administrative fees |
| Confidentiality | Maintains appropriate confidentiality and transparency |
Conclusion
Oklahoma Administrative Code Title 585 establishes the framework for public employee labor relations in Oklahoma, empowering the Public Employees Relations Board to ensure fair bargaining processes, prevent unfair labor practices, and resolve disputes effectively. Oklahoma courts consistently uphold PERB’s authority and emphasize its role in balancing employee rights with public employer interests.
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