STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1378	By:	Holland

AS INTRODUCED

An Act relating to schools; defining term; prohibiting collective bargaining contracts; prohibiting the recognition of labor organization as bargaining agent for school employees; prohibiting school employees from engaging in strike; providing individual not be denied employment due to certain membership; repealing 70 O.S. 2001, Sections 509.1, 509.2, as amended by Section 7, Chapter 439, O.S.L. 2008, 509.2a, 509.3, 509.6, 509.7, 509.8, 509.9, 509.10 and Section 12, Chapter 432, O.S.L. 2005 (70 O.S. Supp. 2010, Sections 509.2 and 509.11), which relate to negotiations between school employees and districts; providing for codification; and providing and effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 509.1A of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  For purposes of this section, “labor organization” means any organization in which employees participate and that exists in whole or in part to deal with one or more employers concerning grievances, labor disputes, wages, hours of employment, or working conditions.
B.  A board of education or an administrator of a local school district shall not enter into a collective bargaining contract with a labor organization regarding wages, hours, or conditions of employment of school district employees.  This prohibition shall also apply to renewals or extensions of any existing contracts.
C.  A contract entered into, extended or renewed in violation of subsection B of this section shall be void and unenforceable.  
D.  A board of education or an administrator of a local school district shall not recognize a labor organization as the bargaining agent for a group of school district employees.  
E.  School district employees shall not strike nor engage in an organized work stoppage against a school district.
F.  A school district employee who violates subsection E of this section shall forfeit all rights, benefits and privileges of school district employment.  
G.  The right of a school district employee to cease work shall not be abridged if the employee is not acting in concert with others in an organized work stoppage.
H.  A individual shall not be denied employment with a school district because of the individual’s membership or nonmembership in a labor organization. 
I.  This section shall not impair the right of school district employees to present grievances concerning their wages, hours of employment, or conditions of work either individually or through a representative that does not claim the right to strike. 
SECTION 2.     REPEALER     70 O.S. 2001, Sections 509.1, 509.2, as amended by Section 7, Chapter 439, O.S.L. 2008, 509.2a, 509.3, 509.6, 509.7, 509.8, 509.9, 509.10 and Section 12, Chapter 432, O.S.L. 2005 (70 O.S. Supp. 2010, Sections 509.2 and 509.11), are hereby repealed.
SECTION 3.  This act shall become effective November 1, 2011.

53-1-6410	AM	01/03/11