ENGROSSED HOUSE
BILL NO. 2554	By:	Martin (Steve) and Wright (John) of the House

				and

		Aldridge of the Senate

An Act relating to cities and towns; amending Section 12, Chapter 62, O.S.L. 2004 (11 O.S. Supp. 2009, Section 51-211), which relates to the Oklahoma Municipal Employee Collective Bargaining Act; modifying allowed procedure for board certification of an employee organization; eliminating authorization and procedure for certification without an election; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 12, Chapter 62, O.S.L. 2004 (11 O.S. Supp. 2009, Section 51-211), is amended to read as follows:
Section 51-211.  A.  Board certification of an employee organization as the exclusive bargaining representative of a bargaining unit shall be considered upon a petition being filed with the Public Employees Relations Board by a municipal employee or an employee organization and an election pursuant to Section 13 51-212 of this act or upon administratively acceptable evidence that a majority of bargaining unit employees have authorized an employee organization to represent them for the purposes of collective bargaining title.
B.  A petition of an employee organization for a representation election shall be accompanied by written evidence that thirty percent (30%) of the municipal employees have authorized it to represent them for the purposes of collective bargaining.  A petition by an employee organization for certification without an election shall be accompanied by written evidence alleging that a majority of the municipal employees have authorized it to represent them for the purposes of collective bargaining.  Upon validating the evidence that a majority of the municipal employees in a bargaining unit have authorized it to represent them for the purposes of collective bargaining, the Board shall certify the employee organization as the exclusive representative of the bargaining unit unless another employee organization submits written evidence within fifteen (15) days of the initial petition that thirty percent (30%) of such municipal employees have authorized it to represent them for the purposes of collective bargaining.  In the event of a competing request for recognition and certification, the Board shall conduct an election in accordance with Section 13 51-212 of this act title.
C.  For the purpose of decertification, the petition of a municipal employee or employee organization shall allege that an employee organization which has been certified or recognized as the exclusive bargaining representative of an appropriate unit does not represent a majority of the municipal employees and that the petitioners do not want to be represented by an employee organization or seek certification of a different employee organization.  The petition shall be accompanied by written evidence that fifty percent (50%) of the employees do not want to be represented by the exclusive representative employee organization or seek certification of a different employee organization.  Upon validation of the fifty percent (50%) showing of interest, the Board shall conduct a secret ballot election in accordance with Section 13 51-212 of this act title.
D.  The Board shall investigate the allegations of any petition and shall give reasonable notice of the receipt of the petition to all municipal employees, employee organizations, and municipal employers named or described in such petitions or interested in the representation question.  When necessary, the Board shall call an election under Section 13 51-212 of this act title within thirty (30) days of receipt of a petition unless it finds that less than thirty percent (30%) of the municipal employees in the unit appropriate for collective bargaining support the petition for certification, or it finds that less than fifty percent (50%) of employees in the unit appropriate for collective bargaining support the petition for decertification, or the appropriate bargaining unit has not been determined pursuant to Section 11 51-210 of this act title.
E.  The hearing and appeal procedures shall be the same as provided for in Section 10 51-209 of this act title.
SECTION 2.  This act shall become effective November 1, 2010.
Passed the House of Representatives the 17th day of February, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate