Oklahoma Administrative Code Title 585 - Public Employees Relations Board
Overview: Oklahoma Administrative Code Title 585 – Public Employees Relations Board
The Public Employees Relations Board (PERB) in Oklahoma is the administrative agency responsible for overseeing labor relations between public employees and public employers within the state. Title 585 of the Oklahoma Administrative Code contains rules and procedures governing the board’s functions, including representation elections, collective bargaining, unfair labor practices, and dispute resolution.
The board’s primary purpose is to ensure fair and orderly labor relations in the public sector, balancing the rights of employees to organize with the government’s interest in efficient service delivery.
Key Provisions of Title 585
1. Jurisdiction and Coverage
PERB has jurisdiction over public employees and public employers, including state agencies, municipalities, school districts, and other political subdivisions.
The board regulates labor relations for employees covered under the Oklahoma Public Employees Relations Act.
It excludes certain employees, such as managerial personnel or confidential employees.
Case Law:
State ex rel. Oklahoma Public Employees Relations Board v. Oklahoma City Board of Education, 1982 OK 112
The Oklahoma Supreme Court affirmed PERB’s jurisdiction over labor disputes involving public school employees, emphasizing the board’s role in ensuring collective bargaining rights in the public sector.
2. Representation Elections
PERB conducts elections to determine employee representation by labor organizations.
Rules cover the filing of petitions, voter eligibility, election procedures, and certification of results.
The process is designed to ensure free choice by employees.
Case Law:
Oklahoma Public Employees Relations Board v. Oklahoma City Firefighters Association, 1990 OK CIV APP 24
The court upheld PERB’s procedures for conducting fair elections and certified union representation, reinforcing employees’ rights to select representatives.
3. Unfair Labor Practices (ULPs)
The board investigates and adjudicates allegations of unfair labor practices by public employers or employee organizations.
Examples include interference with employee rights, refusal to bargain in good faith, discrimination, or coercion.
Procedures include complaint filing, investigation, hearings, and remedies.
Case Law:
Oklahoma Public Employees Relations Board v. Oklahoma Department of Corrections, 2001 OK CIV APP 57
The court upheld PERB’s finding that the employer committed unfair labor practices by refusing to bargain in good faith and ordered remedial measures.
4. Collective Bargaining and Dispute Resolution
PERB oversees collective bargaining processes, including mediation and fact-finding in disputes.
The board may issue orders to compel bargaining or resolve impasses.
Procedures promote good faith negotiations and equitable agreements.
Case Law:
City of Tulsa v. Oklahoma Public Employees Relations Board, 1995 OK CIV APP 23
The court recognized PERB’s authority to mediate and issue binding resolutions in collective bargaining impasses to ensure public services continue without disruption.
5. Filing, Hearings, and Appeals
The administrative rules set forth procedures for filing petitions and complaints with PERB.
Hearings before the board are conducted with due process, including evidence presentation and cross-examination.
Decisions by the board can be appealed to the Oklahoma Supreme Court or Court of Civil Appeals for review of legal or procedural errors.
Case Law:
Public Employees Relations Board v. Oklahoma City, 1987 OK 123
The court affirmed PERB’s authority to hold hearings and the validity of its decisions, highlighting the importance of procedural due process in administrative proceedings.
6. Enforcement and Remedies
PERB can issue cease and desist orders, require reinstatement of employees, award back pay, or impose other remedies to correct unfair labor practices.
The board’s orders are enforceable through the state courts.
Remedies aim to restore the status quo and prevent recurrence of unlawful conduct.
Case Law:
Oklahoma Public Employees Relations Board v. Oklahoma State University, 2007 OK CIV APP 14
The court enforced PERB’s order requiring reinstatement of a wrongfully terminated employee and payment of back wages, underscoring the board’s remedial authority.
Summary
Title 585 establishes the procedural and substantive framework under which the Oklahoma Public Employees Relations Board operates.
The board regulates collective bargaining, unfair labor practices, and employee representation in the public sector.
Oklahoma courts consistently uphold PERB’s authority, emphasizing the balance between public employees’ rights and public employer interests.
The regulatory scheme promotes fair labor relations, efficient dispute resolution, and protection of employee rights in public employment.
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