reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-1 - Filing of documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
All complaints, pleadings, submissions, petitions, reports, exceptions, motions, briefs, memoranda, and other papers required to be filed with the Board shall be filed at the Board's office. Such documents shall be served on all other parties on the same day that they are filed with the Board. Such documents shall be served by the filing party on all other parties on the same day that they are filed with the Board.
(b)
Methods of filing.
Such papers may be sent by mail or hand-delivered to the Board's office within the time limit, if any, for such filing. The Board may authorize filing by email or electronic means upon the Board's approval of a written system for such filing.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-2 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
The time within which an act is to be performed under these Rules shall be computed by excluding the first day and including the last. When the last day for the doing of an act required by these Rules falls on a Saturday, Sunday or state legal holiday then the required act may be performed on the next regular business day. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays and state legal holidays shall be excluded from the computation.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-3 - Requests for extensions of time

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board, for good cause shown, and with notice to all interested parties, may extend any time prescribed in these Rules. However, requests for extensions of time are not encouraged, and leave for additional time will not be freely given. All motions for extension of time shall be filed before the due date and shall state:
(1) the date the act is due to occur without the requested extension;
(2) whether previous motions for extensions have been made and the disposition of said requested extensions;
(3) specific reasons for such requested extension to include an explanation why the act was not done within the originally allotted time;
(4) whether the opposing counsel or party agrees or objects to the requested extension;
(5) the impact, if any, on the scheduled hearing or other deadlines; and
(6) the precise relief requested by the motion.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-4 - Docketing

Current through Vol. 41, No. 20, July 1, 2024
The Board shall maintain a docket of all proceedings and each proceeding shall be assigned a case number.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-5 - Filing of complaint and answer

Current through Vol. 41, No. 20, July 1, 2024
Proceedings against a party alleging an unfair labor practice under the FPAA shall be commenced by filing a written charge with the PERB within six (6) months of the alleged violation, or knowledge thereof, and causing a copy of the charge to be served upon the accused party by certified mail, return receipt requested. The accused party shall have ten (10) days from the date of service to file with the PERB and serve on the complainant a written answer to the charge.
Added at 24 Ok Reg 1630, eff 6-11-071; Amended at 29 Ok Reg 1360, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-6 - Scheduling of deadlines

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scheduling conference.
A scheduling conference shall be conducted in all proceedings alleging an unfair labor practice under the FPAA. The scheduling conference may be conducted by telephone when the mutual convenience of the parties so requires. The Board may designate the Administrator of the Board, a hearing officer, or its legal counsel to conduct the scheduling conference. Unless otherwise ordered, the Administrator of the Board shall conduct the scheduling conference.
(b)
Party representation.
Parties shall be represented by attorneys unless appearing pro se.
(c)
Written scheduling order.
At the scheduling conference, a written scheduling order will be prepared by the person conducting the conference addressing the following items:
(1) Date for discovery to be completed;
(2) Date for exchange of preliminary witness and exhibit lists;
(3) Date for filing Final Pre-Hearing Order (filed by Complainant's counsel five (5) days prior to the final pre-hearing conference);
(4) Date for completion of any mediation or other form of alternative dispute resolution (before date of final pre-hearing conference); and
(5) Date of final pre-hearing conference.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-7 - Final pre-hearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
Final pre-hearing conference.
A final pre-hearing conference shall be conducted in all proceedings alleging an unfair labor practice under the FPAA. The final pre-hearing conference may be conducted by telephone when the mutual convenience of the parties so requires. The Board may designate the Administrator of the Board, a hearing officer, or its legal counsel to conduct the final pre-hearing conference. Unless otherwise ordered, the Administrator of the Board shall conduct the final pre-hearing conference.
(b)
Party representation.
Parties shall be represented by attorneys unless appearing pro se.
(c)
Settlement; mediation or other alternative dispute resolution.
Prior to the final pre-hearing conference, each side shall confer with the client and discuss:
(1) the possibility of settlement; and
(2) the party's willingness to participate in mediation or some other form of alternative dispute resolution prior to the final pre-hearing conference.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-8 - Amicus curiae

Current through Vol. 41, No. 20, July 1, 2024
(a) A brief of an amicus curiae which is confined to the issues raised by the parties may be filed if it is accompanied by written consent of all the parties.
(1) If consent is denied by any of the parties, the amicus curiae may file a motion, with certificate of service on all parties, which concisely discloses the nature and extent of the applicant's interest, states any facts or questions of law which may not be presented adequately by the litigants, and explains the relevancy of these facts or questions of law to its disposition of the case.
(2) If an objection to the motion is not filed within ten (10) days of its filing with the Board, consent to file the amicus brief shall be deemed to have been granted. If an objection is filed, the Board shall review the motion and the objections to determine whether to allow the filing of the amicus brief.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-9 - Transcripts

Current through Vol. 41, No. 20, July 1, 2024
The parties shall schedule a court reporter to be present at the hearings, and the parties shall be responsible for the payment of the court reporter. The parties shall file a copy of the transcript with the Board, and this copy will become the official written transcript of the hearing.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-10 - Impasse arbitration [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1630, eff 6-11-071; Revoked at 29 Ok Reg 1360, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 5 - Procedures › Section 585:2-5-11 - Rights of parties at hearings

Current through Vol. 41, No. 20, July 1, 2024
Any party shall have the right to appear at any hearing in person or by counsel duly licensed to practice law in the State of Oklahoma, and any party and the Board shall have the power to call and examine witnesses, and to introduce into the record documentary and other evidence.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-1 - Hearings to be conducted by Board or hearing officer

Current through Vol. 41, No. 20, July 1, 2024
All hearings shall be conducted by the Board unless the Board finds it necessary or desirable to appoint a hearing officer to conduct a hearing. The Board may confer upon such hearing officer the necessary powers, subject to the Oklahoma Administrative Procedures Act, to conduct such hearing and/or any procedural matters related thereto. This Subchapter does not apply to scheduling or pre-hearing conferences.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-2 - Open hearings

Current through Vol. 41, No. 20, July 1, 2024
The Board shall comply with the Open Meeting Act in all hearings. The Board may enter executive session, in compliance with the Open Meeting Act, as appropriate.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-3 - Motions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Recognized motions.
The Board recognizes all motions permitted under the Oklahoma Pleading Code, 12 O. S., §2001 et seq., as well as a party's motion requesting the Board to defer to either pending or completed grievance arbitration. Motions for summary judgment filed pursuant to 12 O.S. §
									2056 shall be governed by Rule 13 of the Rules for District Courts, found at Title 12, Chapter 2, Appendix.
(b)
Recorded motions.
All motions made during a hearing shall be made part of the record of the proceedings.
(c)
Motion requirements.
All motions, other than those made during a hearing shall be subject to the following:
(1)
General contents.
Such motions including, but not limited to, motions for summary judgment, shall be made in writing to the Board, shall briefly state the relief sought, and shall be combined with a brief containing a statement of relevant facts and legal argument with citations to relevant legal authority.
(2)
Format; size; filing date of certain motions.
(A) No combined motion/brief shall be submitted that is longer than fifteen (15) typewritten pages without leave of the Board.
(B) The print style, including footnotes, shall not be less than ten (10) characters to an inch (i.e., 12 pitch font), and margins shall be a minimum of one inch on the top, bottom, and sides.
(C) Oversized briefs are not encouraged, and leave to file oversized briefs will not be freely given.
(D) A motion to file a combined motion/brief in excess of fifteen (15) typewritten pages shall state the requested number of pages and shall be filed no later than three (3) days prior to the date the motion/brief is due.
(3)
Required appendix to motion/brief.
Each party shall attach to that party's motion/brief as an appendix a copy of significant legal authority cited in the brief not readily accessible by the Board such as federal statutes and court cases, NLRB cases, and treatises. The Board has ready access to Oklahoma statutes and cases decided by Oklahoma state courts and to previous Board decisions.
(4)
Affidavits.
Affidavits regarding factual matters may be attached to the motion/brief if necessary.
(5)
Deadlines.
Deadlines for filing motions are set in the Final Pre-Hearing Order.
(6)
Service of motion/brief by moving party.
The moving party shall, concurrently with filing with the Board, serve a copy of the motion/brief on all other parties.
(7)
Response or objection to motion/brief.
Any response or objection to the motion/brief shall be subject to the same requirements as motions/briefs, shall be filed with the Board within eighteen (18) days from the date the motion/brief was filed with the Board and shall be served on all parties.
(8)
Board hearing of oral argument or testimony.
The Board may decide to hear oral argument or testimony thereon, in which case the Board shall notify the parties of such fact and of the time and place of such argument or the taking of such testimony.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-4 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
Discovery may be conducted as authorized by the Administrative Procedures Act. Additional procedures for discovery may be undertaken as agreed upon by the parties. The parties shall cooperate fully and in good faith to comply with discovery requests. The Board may impose sanctions for the failure or refusal of a party to comply with a proper discovery request.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-5 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance of subpoena by Board.
The Board may issue subpoenas to require the attendance of witnesses in this State and the production of books and papers at a hearing or deposition held pursuant to the rules of this chapter.
(b)
Application for subpoena.
Any party may file a written application for a subpoena and the proposed subpoena with the Board before the hearing or disposition. Any subpoena requested and issued by the Board shall be served by the applicant with the witness fees and mileage required by the Administrative Procedures Act.
(c)
Filing of a motion to quash.
No person served with a valid subpoena issued by the Board shall refuse or neglect to appear, to testify, or to produce books and papers relevant to such investigation, inquiry, or hearing as commanded in such subpoena without the timely filing with the Board of a motion to quash a subpoena. A motion to quash a subpoena may be filed with the Board not later than seven (7) days from the date of service of the subpoena. The movant shall serve a copy of the motion to quash on the applicant for the subpoena.
(d)
Quash of subpoena by Board.
The Board may quash a subpoena on the ground that the subpoena does not reasonably relate to any matter under investigation, inquiry, or hearing; that the subpoena does not describe with sufficient particularity the evidence sought; or that the evidence sought from the witness is privileged under the law or the provisions of these Rules. The Board shall make a statement as to the basis for its ruling. An aggrieved party may request that the motion to quash a subpoena, the response thereto, if any, and the Board's statement of the basis for its ruling be made part of the record.
(e)
Default.
A failure to comply with, or neglect of, a valid subpoena issued by the Board may be certified by the Board to a court of competent jurisdiction for an order of compliance.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-6 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
(a)
Technical rules of evidence.
In any proceeding before the Board, the Board shall not be bound by technical rules of evidence. The Board may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.
(b)
Exclusions.
All irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
(c)
Rules of privilege.
The Board shall give effect to the rules of privilege recognized by law.
(d)
Documentary evidence.
Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, provided that upon request parties shall be given an opportunity to compare the copy with the original.
(e)
Cross-examination.
Each party shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts and shall have the right to submit rebuttal evidence.
(f)
Judicially cognizable facts.
The Board may take notice of judicially cognizable facts.
(g)
Cognizable technical or scientific facts.
The Board may take notice of generally cognizable technical or scientific facts within its specialized knowledge; however, parties shall be notified either before or during the hearing of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-7 - Contemptuous conduct

Current through Vol. 41, No. 20, July 1, 2024
The refusal of a witness at any hearing to answer any question which has been ruled to be proper may, in the discretion of the Board, be grounds for striking all testimony previously given by such witness on related matters.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-8 - Amendment of pleadings or documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Proposed amendment of pleading or document.
Any pleading or document filed in a proceeding may be amended, in the discretion of the Board, at any time prior to the issuance of a final order thereon. A party moving for amendment of a pleading or document shall file a motion for leave to amend together with the proposed amended pleading or document.
(b)
Insubstantial conformity of pleading or document.
If a pleading or document is not in substantial conformity with the applicable rules of the Board as to the contents thereof, or is otherwise insufficient, the Board, on its own initiative or upon motion of a party, may strike or dismiss such pleading or document, or require its amendment.
(c)
Effective date.
If amended, the pleading or document shall be effective as of the date of the original filing, if it relates to the same proceeding.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-9 - Substitution of parties

Current through Vol. 41, No. 20, July 1, 2024
Upon motion and for good cause shown, the Board may order substitution of parties, except that in the case of death of a party, substitution may be ordered without the filing of a motion.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-10 - Consolidation

Current through Vol. 41, No. 20, July 1, 2024
The Board, on its own initiative or upon motion, may consolidate for hearing or other purposes or may contemporaneously consider two or more proceedings which involve substantially the same parties or issues if it finds that such consolidation of proceedings or contemporaneous consideration will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-11 - Intervention in proceeding

Current through Vol. 41, No. 20, July 1, 2024
(a)
Petition to intervene.
Any third party having a legitimate interest in any representation proceeding may file a petition to intervene setting forth facts sufficient to establish such interest.
(b)(b)
Contents of petition to intervene.
In any proceeding other than a representation proceeding, a petition to intervene and become a party thereto shall be submitted in writing to the Board. The petition shall contain the following:
(1) Nature of petitioner's statutory or other right;
(2) Nature and extent of petitioner's interest;
(3) Effect of any decision in the proceeding on petitioner's interest;
(4) Other means available whereby petitioner's interest may be protected;
(5) Extent petitioner's interest may be represented by existing parties;
(6) Extent petitioner's participation can assist in development of a sound record;
(7) Extent petitioner's interest in the proceeding differs from that of the general public; and
(8) How the petitioner's intervention would serve the public interest.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-12 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
The charging party, in asserting an unfair labor practice under the FPAA, shall have the burden of going forward and of proving the allegations by a preponderance of the testimony taken. The party raising any subsequent issue shall have the burden of proving that issue by a preponderance of the testimony taken.
Added at 24 Ok Reg 1630, eff 6-11-071; Amended at 29 Ok Reg 1360, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-13 - Cases decided on stipulated facts

Current through Vol. 41, No. 20, July 1, 2024
At the pre-hearing conference, the parties shall notify the Board that they can stipulate to all relevant facts. A briefing schedule shall then be set, and the case shall be decided on stipulated facts as follows:
(1)
Deadlines for statement of stipulated facts and brief.
At the pre-hearing conference, the parties shall be given a deadline for filing the statement of stipulated facts. A list of exhibits stipulated to and eight (8) copies of these exhibits shall also be filed with the statement of stipulated facts. At the pre-hearing conference, the Complainant shall be given a deadline for filing its brief with the Board and service on the Respondent.
(2)
Filing of response by Respondent.
The Respondent shall file with the Board and serve on the Complainant its response within eighteen (18) days of the filing with the Board of the Complainant's brief.
(3)
Contents; format; size; filing date of certain motions.
(A) Each brief shall contain:
(i) a brief background of the case and the issues to be decided; and,
(ii) a legal argument with citations to relevant legal authority.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-14 - Cases decided on disputed facts

Current through Vol. 41, No. 20, July 1, 2024
At the pre-hearing conference, the parties shall notify the Board that they cannot stipulate to all relevant facts. The case shall then be set for hearing and shall be decided on disputed facts as follows:
(1)
Statement of relevant facts.
Ten (10) days before the hearing the parties shall jointly file a statement of relevant facts to which they can stipulate. At this time, each party shall also file a statement of relevant facts in dispute.
(2)
List of exhibits.
Ten (10) days before the hearing the parties shall stipulate to admissible exhibits and file a list of these exhibits. Exhibits stipulated to shall be admitted into evidence at the hearing. A list of the exhibits to which the party cannot stipulate and the opposing party's objections thereto shall also be filed. The proponent of the exhibits shall ask for the Board's ruling on their admissibility at the hearing.
(3)
Witness list.
Ten (10) days before the hearing each party shall file its final witness list. This list shall include the address and telephone number and statement of anticipated testimony of each witness.
(4)
Exhibits.
Seven (7) days before the hearing each party shall exchange and file the original and eight (8) copies of each exhibit.
(5)
Brief filing; contents; format; size; filing date of certain motions.
(A) Seven (7) days before the hearing each party shall file a brief.
(B) Each brief shall contain:
(i) a brief background of the case and issues to be decided; and
(ii) a legal argument with citations to relevant legal authority.
(C) No brief shall be submitted that is longer than fifteen (15) typewritten pages without leave of the Board.
(D) The print style, including footnotes, shall not be less than ten (10) characters to an inch (i.e., 12 pitch font), and margins shall be a minimum of one inch on the top, bottom, and sides.
(E) Oversized briefs are not encouraged, and leave to file oversized briefs will not be freely given. A motion to file a brief in excess of fifteen (15) typewritten pages shall state the requested number of pages and shall be filed no later than three (3) days prior to the date the brief is due.
(F) Each party shall attach to that party's brief as an appendix a copy of significant legal authority cited in the brief not readily accessible by the Board such as federal statutes and court cases, NLRB cases, and treatises. The Board has ready access to Oklahoma statutes and cases decided by Oklahoma state courts and to previous Board decisions.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-15 - Final agency orders of the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) Every final agency order rendered by the Board shall be in writing and shall include findings of fact and conclusions of law and may include an opinion. Parties shall be notified either personally or by certified mail, return receipt requested, of any final agency order and the order shall be released for public information.
(b) Copies of final agency orders shall be available for public inspection in the office of the Board or may be obtained upon request and upon payment of costs, if any.
Added at 24 Ok Reg 1630, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 2 - Operations Under the FPAA and the MECBA › Subchapter 7 - Hearings › Section 585:2-7-16 - Unauthorized ex parte communications

Current through Vol. 41, No. 20, July 1, 2024
(a) Unauthorized ex parte communications are defined as private communications, other than those permitted elsewhere in these Rules, with members of the Board or counsel for the Board, as to the merits of a proceeding, i.e., any finding of fact or conclusion of law, with a view towards influencing the outcome of the case, except that the following classes of ex parte communications shall not be prohibited:
(1) Those which relate to matters which a Board member is authorized to dispose of on an ex parte basis;
(2) Requests for information with respect to the status of a proceeding;
(3) Those which all parties to the proceeding agree, or which the Board has formally ruled, may be made on an ex parte basis; and
(4) Those with representatives of any news media on matters intended to inform the general public.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 10 - Unfair Labor Practice Charges [Revoked] › Section 585:10-1-3 - Additional definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg 2797, eff 7-1-98; Revoked at 24 Ok Reg 1638, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 10 - Unfair Labor Practice Charges [Revoked] › Section 585:10-1-4 - Complaint [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg 2797, eff 7-1-98; Revoked at 24 Ok Reg 1638, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 10 - Unfair Labor Practice Charges [Revoked] › Section 585:10-1-5 - Answer [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg 2797, eff 7-1-98; Revoked at 24 Ok Reg 1638, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 10 - Unfair Labor Practice Charges [Revoked] › Section 585:10-1-8 - Violation of the Act [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg 2797, eff 7-1-98; Revoked at 24 Ok Reg 1638, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 10 - Unfair Labor Practice Charges [Revoked] › Section 585:10-1-12 - Computation of time [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg 2797, eff 7-1-98; Revoked at 24 Ok Reg 1638, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 585:15-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 585:15-1-2 - Statutory definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 585:15-1-3 - Additional definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg 2799, eff 7-1-98; Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 585:15-1-4 - Severability [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 585:15-1-5 - Violation of the Act [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg 2799, eff 7-1-98; Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 585:15-1-6 - Liberal construction [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 585:15-1-7 - Suspension of rules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 15 Ok Reg 2799, eff 7-1-98
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 585:15-1-8 - Computation of time [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-1 - Petition filing and contents [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-2 - Bars to an election [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-3 - Evidence of representation or legitimate interest; authorization cards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-4 - Showing of interest; determination of adequacy [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-5 - Responsibilities of corporate authority [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-6 - Determination of collective bargaining unit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-7 - Investigation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-8 - Hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 3 - Representation Petitions [Revoked] › Section 585:15-3-9 - Petition for consent election [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 5 - Elections [Revoked] › Section 585:15-5-1 - Election procedure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 15 - Certification Cases [Revoked] › Subchapter 5 - Elections [Revoked] › Section 585:15-5-2 - Certification of election results [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg 1640, eff 6-11-07
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 20 - Oklahoma Municipal Employee Collective Bargaining Act [Superseded] › Subchapter 1 - General Provisions [Superseded] › Section 585:20-1-1 - Purpose [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 349, eff 12-7-04 through 7-14-05 (emergency)1; Added at 23 Ok Reg 2120, eff 5-18-06 through 6-10-07 (emergency)2
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 585:20-1-1, as published at 22 Ok Reg 349, was no longer effective, and remained as such until added again by emergency action on 5-18-06.
2See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 20 - Oklahoma Municipal Employee Collective Bargaining Act [Superseded] › Subchapter 1 - General Provisions [Superseded] › Section 585:20-1-2 - Matters not covered [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 349, eff 12-7-04 through 7-14-05 (emergency)1; Added at 23 Ok Reg 2120, eff 5-18-06 through 6-10-07 (emergency)2
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 585:20-1-2, as published at 22 Ok Reg 349, was no longer effective, and remained as such until added again by emergency action on 5-18-06.
2See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 20 - Oklahoma Municipal Employee Collective Bargaining Act [Superseded] › Subchapter 5 - Prohibited Practice Charges [Superseded] › Section 585:20-5-1 - Process [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 349, eff 12-7-04 through 7-14-05 (emergency)1; Added at 23 Ok Reg 2120, eff 5-18-06 through 6-10-07 (emergency)2
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 585:20-5-1, as published at 22 Ok Reg 349, was no longer effective, and remained as such until added again by emergency action on 5-18-06.
2See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 20 - Oklahoma Municipal Employee Collective Bargaining Act [Superseded] › Subchapter 5 - Prohibited Practice Charges [Superseded] › Section 585:20-5-2 - Complaint [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 349, eff 12-7-04 through 7-14-05 (emergency)1; Added at 23 Ok Reg 2120, eff 5-18-06 through 6-10-07 (emergency)2
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 585:20-5-2, as published at 22 Ok Reg 349, was no longer effective, and remained as such until added again by emergency action on 5-18-06.
2See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 20 - Oklahoma Municipal Employee Collective Bargaining Act [Superseded] › Subchapter 5 - Prohibited Practice Charges [Superseded] › Section 585:20-5-3 - Answer [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 349, eff 12-7-04 through 7-14-05 (emergency)1; Added at 23 Ok Reg 2120, eff 5-18-06 through 6-10-07 (emergency)2
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 585:20-5-3, as published at 22 Ok Reg 349, was no longer effective, and remained as such until added again by emergency action on 5-18-06.
2See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 20 - Oklahoma Municipal Employee Collective Bargaining Act [Superseded] › Subchapter 7 - Certification Cases: Representation Petitions [Superseded] › Section 585:20-7-1 - Petition for election [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 349, eff 12-7-04 through 7-14-05 (emergency)1; Added at 23 Ok Reg 2120, eff 5-18-06 through 6-10-07 (emergency)2
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 585:20-7-1, as published at 22 Ok Reg 349, was no longer effective, and remained as such until added again by emergency action on 5-18-06.
2See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 20 - Oklahoma Municipal Employee Collective Bargaining Act [Superseded] › Subchapter 7 - Certification Cases: Representation Petitions [Superseded] › Section 585:20-7-2 - Petition for representation without an election [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 349, eff 12-7-04 through 7-14-05 (emergency)1; Added at 23 Ok Reg 2120, eff 5-18-06 through 6-10-07 (emergency)2
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 585:20-7-2, as published at 22 Ok Reg 349, was no longer effective, and remained as such until added again by emergency action on 5-18-06.
2See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 20 - Oklahoma Municipal Employee Collective Bargaining Act [Superseded] › Subchapter 7 - Certification Cases: Representation Petitions [Superseded] › Section 585:20-7-3 - Determination of collective bargaining unit [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 349, eff 12-7-04 through 7-14-05 (emergency)1; Added at 23 Ok Reg 2120, eff 5-18-06 through 6-10-07 (emergency)2
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 585:20-7-3, as published at 22 Ok Reg 349, was no longer effective, and remained as such until added again by emergency action on 5-18-06.
2See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 30 - Unfair Labor Practice and Prohibited Practice Charges › Section 585:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter have been adopted for the purpose of providing information concerning the filing of unfair labor practice charges, answers, counterclaims and motions, and the informal disposition of such claims, pursuant to Section 51-104b of the FPAA.
Added at 24 Ok Reg 1644, eff 6-11-071; Amended at 29 Ok Reg 1364, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 30 - Unfair Labor Practice and Prohibited Practice Charges › Section 585:30-1-2 - Statutory definitions

Current through Vol. 41, No. 20, July 1, 2024
Terms used in this Chapter shall have the same meaning as defined in the FPAA and these Rules unless their context clearly indicates otherwise.
Added at 24 Ok Reg 1644, eff 6-11-071; Amended at 29 Ok Reg 1364, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 30 - Unfair Labor Practice and Prohibited Practice Charges › Section 585:30-1-3 - Additional definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in these rules, shall have the following meaning, unless the context clearly indicates otherwise:
"Administrator" or "Administrator of the Board"
means the program administrator of the Board appointed pursuant to 11 O.S., §51-104a.
"APA"
means the Oklahoma Administrative Procedures Act, 75 O.S., §250, et seq.
"Board"
or
"PERB"
means the Public Employees Relations Board.
"FPAA"
means the Fire and Police Arbitration Act, 11 O.S., §51-101, et seq.
"Hearing Officer"
means that individual designated by the Board to conduct a hearing. This individual must meet the definition of "Hearing Examiner" set out in 75 O.S. §
								250.3.
"Party"
means any person, employee organization or municipal employer named and participating in, or properly seeking and entitled by law to participate in, an individual proceeding; or whose motion to intervene has been granted by the Board.
"Quorum"
means three members of the Board shall constitute a quorum and may transact any business or hold any hearing by a unanimous vote of the quorum. Any action of the Board shall require the affirmative vote of three members.
Added at 24 Ok Reg 1644, eff 6-11-071; Amended at 29 Ok Reg 1364, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 30 - Unfair Labor Practice and Prohibited Practice Charges › Section 585:30-1-4 - Complaint

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A complaint that any person, organization, or municipal employer has engaged in or is engaging in an unfair labor practice under the FPAA may be filed by any person, employee organization or municipal employer. See 585:2-5-5.
(b)
Execution; format.
A complaint shall be in writing and signed in accordance with 585:2-5-1, and shall be in a form authorized by the Board.
(c)
Number of copies.
The complaint and eight (8) copies shall be filed with the Board.
(d)
Required contents.
The complaint shall include the following:
(1) The name and address and organizational affiliation, if any, of the complainant, and the title of any representative filing the complaint.
(2) The name and address of the respondent or respondents and any other party named therein.
(3) A clear and concise statement of the facts constituting the alleged unfair labor practice, including the names of the individuals involved in the alleged act, the dates and places of the alleged occurrence, and the specific section or sections of the FPAA alleged to have been violated. The purpose of the complaint is to apprise the respondent fairly of the substance of the complaint against it. The sufficiency of a complaint may be challenged by motion, answer or other responsive pleading.