Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2022-18

Current through Vol. 41, No. 20, July 1, 2024
EXECUTIVE ORDER 2022-18
Consistent with the State's Constitution and current federal
			 law, it is time to protect Oklahoma's school district employees' First
			 Amendment rights.
Article XXIII , § 1A(C) of the Oklahoma Constitution states
			 that "[i]t shall be unlawful to deduct from the wages, earnings, or
			 compensation of an employee any union dues, fees, assessments, or other charges
			 to be held for, transferred to, or paid over to a labor organization unless the
			 employee has first authorized such deduction." In 2002, this constitutional
			 provision was challenged in federal court.
Local 514, Transport Workers
			 Union of America v. Keating
, 212 F.Supp.2d 1319 (E.D. Okla. 2002). In
			 that case, the District Court found that, with respect to
private
sector employees, the regulation of payroll check-off
			 in connection with union dues was preempted by the Labor Management Relations
			 Act.
Id.
at 1324. However, no such preemption exists with
			 respect to
public
sector employees. Accordingly, Oklahoma's
			 constitutional authorization requirement remains binding on public sector
			 employees in the State of Oklahoma.
The United States Supreme Court confirmed the legitimacy of
			 states' right-to-work laws, like Oklahoma's authorization requirement, in
Janus v. AFSCME
, 138 S. Ct. 2448 (2018). In
Janus
, the Supreme Court addressed a union's right to collect
			 payments from public sector employees, holding that although public employees
			 may authorize dues deductions,
they must first know and waive their
			 First Amendment rights
.
Id.
at 2486 (emphasis added).
			 The basis for this holding is that a waiver of an employee's First Amendment
			 rights "cannot be presumed" and, in order to be effective, "must be freely
			 given and shown by 'clear and compelling' evidence."
Id.
(citations omitted).
In view of the foregoing, I, J. Kevin Stitt, Governor of the
			 State of Oklahoma, pursuant to the power vested in me by Section 2 of Article
			 VI of the Oklahoma Constitution, hereby urge the Oklahoma State Board of
			 Education (SBOE), which has "supervision of the public school system of
			 Oklahoma," 70 O.S. § 3-104, to take action to the fullest extent permitted
			 by applicable law to ensure that employee organization payroll deductions meet
			 the requirements of state and federal law and that school district employees
			 are fully informed of their First Amendment rights-including their right to
			 refuse to pay employee organization dues as well as their right not to
			 associate with the employee organization. I further urge the SBOE to make
			 certain that the requirements of state and federal law regarding school
			 district employees' First Amendment rights are satisfied annually.
This Order takes effect immediately and remains in effect until
			 it is modified or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
			 Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma,
			 on this 19th day of August, 2022.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Brian Bingman
Secretary of State