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Proposed PERB Rules pursuant to MECBA Repeal
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DECISIONS AND ORDERS
2013
| Case Number |
Appeals |
City |
Date |
Union |
Subject matter |
| 2012-ULPC-523 |
|
Tulsa |
04/02/2013 |
IAFF, Local 176 |
City's Motion to Dismiss ULPC Granted; issue involved retirees from the unit |
|
2012-ULPC-521
|
|
Ada |
04/02/2013 |
IAFF, Local 2298 |
City's Motion to Dismiss was DENIED based on Finding by PERB that it has jurisdiction. The Motion to dismiss charges was based on the allegation that PERB cannot adjudicate these cases to conclusion because the board does not exist after Nov. 1, 2012 (due to the enactment of two amendments during the last legislative session).
Another issue addressed was an objection to jurisdiction of PERB and to delay proceedings until the board has five board members. |
| 2012-ULPC-522 |
|
Ada |
04/02/2013 |
IAFF, Local 2298 |
City's Motion to Dismiss was DENIED based on Finding by PERB that it has jurisdiction. The Motion to dismiss charges was based on the allegation that PERB cannot adjudicate these cases to conclusion because the board does not exist after Nov. 1, 2012 (due to the enactment of two amendments during the last legislative session).
Another issue addressed was an objection to jurisdiction of PERB and to delay proceedings until the board has five board members. |
| 2012-ULPC-523 |
|
Tulsa |
04/02/2013 |
IAFF, Local 176 |
City's Motion to Dismiss was DENIED based on Finding by PERB that it has jurisdiction. The Motion to dismiss charges was based on the allegation that PERB cannot adjudicate these cases to conclusion because the board does not exist after Nov. 1, 2012 (due to the enactment of two amendments during the last legislative session).
Another issue addressed was an objection to jurisdiction of PERB and to delay proceedings until the board has five board members. |
| 2012-ULPC-524 |
|
Jenks |
04/02/2013 |
FOP, Lodge 146 |
City's Motion to Dismiss was DENIED based on Finding by PERB that it has jurisdiction. The Motion to dismiss charges was based on the allegation that PERB cannot adjudicate these cases to conclusion because the board does not exist after Nov. 1, 2012 (due to the enactment of two amendments during the last legislative session).
Another issue addressed was an objection to jurisdiction of PERB and to delay proceedings until the board has five board members. |
2012
| Case Number |
Appeals |
City |
Date |
Union |
Subject matter |
| 2011-ULPC-505 |
|
Lawton |
01/12/2012 |
IUPA, Local 24 |
Nepotism Issue |
| 2011-ULPC-503 |
Cleveland Co. District Court; CV-2012-396-W |
Norman |
03/08/2012 |
FOP, Lodge 122 |
Polygraph Test |
| 2011-ULPC-511 |
|
Bixby |
04/12/2012 |
IAFF, Local 2651 |
Expired interest arbitration date |
| 2011-ULPC-510 |
Oklahoma Co. District Court; CV-2012-1229
Oklahoma Supreme Court; No. 111520 |
McAlester |
05/17/2012 |
IAFF, Local 2284 |
Refusing to engage in grievance arbitration |
| 2011-ULPC-503 |
|
Norman |
06/21/2012 |
IAFF, Local 2651 |
Motion to Clarify/Vacate PERB Order |
| 2011-ULPC-509 |
Oklahoma Co. District Court;
CV-2012-1881
|
Tulsa |
08/09/2012 |
IAFF, Local 176 |
Political activity concerning employee campaigning through union's political action committee |
| 2012-ULPC-520 |
|
Darrell Martin (firefighter) v City of Tulsa & IAFF, Local 176 |
10/11/2012 |
IAFF, Local 176 |
Attempt to recoup of overpayments made to an individual employee |
2011
| Case Number |
Appeals |
City |
Date |
Union |
Subject matter |
| 2010-ULPC-493 |
|
Oklahoma City |
03/10/2011 |
IAFF, Local 157 |
Failing to bargain in good faith by unilateral changes in the contract |
| 2010-ULPC-490 |
|
Tulsa |
03/10/2011 |
FOP, Lodge 93 |
Deferral to Arbitration Award re laying off of officers in wrong order |
| 2010-ULPC-497 & 497CC |
|
McAlester |
05/12/2011 |
IAFF, Local 2284 |
Failing to negotiate for a new contract |
| 2011-ULPC-504 |
|
Stillwater |
10/13/2011 |
FOP, Lodge 102 |
Direct Dealing |
| 2010-RC-12432PD |
|
Dibble |
05/12/2011 |
FOR, Oodge 208 |
Unit Clarification regarding Administrative Assistant |
2010
| Case Number |
Appeals |
City |
Date |
Union |
Subject matter |
| 00444 |
|
Shawnee |
02/11/2010 |
IUPA, Local 24 |
Consent Order Issued |
| 00479 |
Cleveland Co. District Court; CV-2012-396-W |
Oklahoma City |
09/17/2010 |
IAFF, Local 157 |
Refusing to Comply With Arbitrator Award |
| 2009-ULPC-480 |
Dist Ct Tulsa Co.; CV-2010-01192 |
Tulsa |
09/17/2010 |
IAFF, Local 176 |
Failing to Arbitrate Issue of Terminated Employee |
| 2009-ULPC-481 |
|
Broken Arrow |
09/17/2010 |
IAFF, Local 2551 |
Summary Judgment Denied, Dave Wooden Dismissed As Respondent |
| 2009-ULPC-481 |
|
Brokent Arrow |
09/17/2010 |
IAFF, Local 176 |
Retaliation, ULPC Dismissed |
| 2009-ULPC-487 |
|
Broken Arrow |
09/17/2010 |
IAFF, Local 2551 |
Interfering With Union Rights |
| 2009-ULPC-492 |
|
Chickasha |
09/17/2010 |
IAFF, Local 2041 |
Unilateral Changes |
| 2009-ULPC-493 |
|
Oklahoma City |
09/17/2010 |
IAFF, Local 157 |
Last Best Offer, City's Motion to Dismiss Denied |
2009
| Case Number |
Appeals |
City |
Date |
Union |
Subject matter |
| 00473 |
|
Tulsa |
02/24/2009 |
FOP, Lodge 23 |
Pre-Arbitration Deferral |
| 00474 |
|
Yukon |
02/24/2009 |
FOP, Lodge 173 |
Subjects of Arbitrability |
| 00445 |
|
Shawnee |
04/09/2009 |
IUPA, Local 3 |
Consent Agreement |
| 00475 |
|
Choctaw |
04/20/2009 |
Jeff Lane |
Regarding City's Motion to Dismiss |
| 00469 |
|
Lawton |
06/10/2009 |
IAFF, Local 1882 |
Circumvention of City's bargaining representatives |
| 00478 |
|
Norman |
04/20/2009 |
FOP, Lodge 122 |
Addressing the issue of compliance with an arbitration award |
2008
| Case Number |
Appeals |
City |
Date |
Union |
Subject matter |
| 12417-D |
|
Broken Bow |
01/16/2008 |
IAFF, Local 2962 |
Administrative Assistant |
| 00448 |
|
Oklahoma City |
02/25/2008 |
FOP, Lodge 123 |
Retaliatory Actions |
| 00445 |
|
Shawnee |
03/24/2008 |
IUPA, Local 3 |
Direct Dealing |
| 00444 |
|
Shawnee |
05/08/2008 |
IUPA, Local 3 |
Summary Judgment regarding "acting in an official capacity" as related to unfair labor practices |
| 12417-D |
|
Broken Bow |
05/08/2008 |
IAFF, Local 2962 |
Defunct Union |
| 12417-D |
|
Broken Bow |
05/08/2008 |
IAFF, Local 2962 |
Sanctions |
| 00448 |
|
Oklahoma City |
08/14/2008 |
FOP, Lodge 123 |
Retaliatory Actions; Settlement Agreement |
| 00466 |
|
Muskogee |
08/27/2008 |
AFF, Local 57 |
No signed contract |
| 00467 |
|
Nicoma Park |
08/27/2008 |
Police Officer Christopher Hudgens |
Summary Judgment regarding confidentiality |
2007
| Case Number |
Appeals |
City |
Date |
Union |
Subject matter |
| 00443 |
|
Shawnee |
02/12/2007 |
IAFF, Local 1628 |
Defer to Arbitration |
| 00439 |
|
Warr Acres |
03/05/2007 |
IAFF, Local 2374 |
Timely notice given to bargain |
| 00440 |
|
Hugo |
04/09/2007 |
IAFF, Local 3199 |
Unilateral Changes in mandatory subjects of bargaining |
| 00438 |
|
Warr Acres |
04/09/2007 |
FOP, Lodge 145 |
Subpoena for minutes of executive session |
| 00431 |
|
Tulsa |
04/16/2007 |
FOP, Lodge 93 |
Request for Meeting Reschedule |
| 00438 |
|
Warr Acres |
04/16/2007 |
FOP, Lodge 145 |
Motion for Protective Order |
| 00444 |
|
Shawnee |
05/23/2007 |
IUPA, Local 3 |
Motion to Dismiss James Collard, Respondent |
| 00445 |
|
Shawnee |
05/23/2007 |
IUPA, Local 3 |
Motion to Dismiss James Collard, Respondent |
| 12415 |
|
Tulsa |
07/23/2007 |
IAFF, Local 176 |
Unit Clarification regarding probationary firefighters |
| 00388 |
|
Tulsa |
09/17/2007 |
FOP, Lodge 39 |
Bargaining in good faith & labeling of confidential files |
| 00431 |
|
Tulsa |
10/18/2007 |
FOP, Lodge 93 |
Direct Dealing |
| 00440 |
|
Hugo |
10/19/2007 |
IAFF, Local 3199 |
Bargaining in good faith |
| 00446 |
|
Broken Bow |
10/31/2007 |
IAFF, Local 2962 |
Summary Judgment on question of abandonment |
| 00446 |
|
Broken Bow |
12/12/2007 |
IAFF, Local 2962 |
Summary Judgment on designated Administrative Assistant |
| 00449 |
|
Warr Acres |
12/12/2007 |
IAFF, Local 2374 |
Summary Judgment regarding contract agreement |
2006
| Case Number |
Appeals |
City |
Date |
Union |
Subject matter |
| 00421 |
OK Supreme Court DF-105599
Certiorari Denied105, 599
Cleveland District CourtCJ-06-1069 |
Norman |
06/08/2006 |
FOP, Lodge 122 |
Refusing to bargain in good faith |
| 00424 |
|
Norman |
02/16/2006 |
IAFF, Local 2067 |
Circumventing the Bargaining Agent |
| 00432 |
|
Oklahoma City |
08/21/2006 |
FOP, Lodge 123 |
Weingarten Rights regarding pre-polygraph interview |
| 00434 |
Oklahoma County District Court; CV-2006-8889 |
Stillwater |
03/08/2012 |
IAFF, Local 2095 |
Unfair Disciplinary Action |
UNDER THE MUNICIPAL EMPLOYEE COLLECTIVE BARGAINING ACT (MECBA) 2006-current
| Case Number |
Appeals |
Court Case Number |
Union/City Incolved |
Date |
Subject Matter |
| M1400 |
|
|
AFSCME v Lawton |
12/14/2006 |
Motion for Certification in the City of Lawton |
| M1400 |
|
|
AFSCME v Lawton |
12/14/2006 |
Motion to Disqualify Board Member Gooch |
| M1400 |
|
|
AFSCME v Lawton |
03/05/2007 |
Definition of Supervisory & Confidential Employees |
| 004-PPC |
|
|
AFSCME & FOP v OKC |
02/25/2008 |
Transfer of Duties |
| 010-PPC |
|
|
AFSCME v Lawton |
12/19/2008 |
Unilateral Bargaining regarding pension contributions |
| 011-PPC |
|
|
IBEW v Stillwater |
04/20/2009 |
Regarding City's Motion to Dismiss |
| 012-PPC |
|
|
CWA v Stillwater |
04/20/2009 |
Regarding City's Motion to Dismiss |
| 010-PPC |
District Court Comanche County |
CJ-2009-680 |
AFSCME v Lawton |
09/17/2010 |
Regarding duty to bargain with respect to the existing retirement system |
| 2009-PPC-013M |
|
|
AFSCME v Tulsa |
09/17/2010 |
Regarding honoring a memorandum of understanding |
| 2009-PPC-014 |
|
|
Lawton v AFSCME |
09/27/2010 |
Regarding regressive bargaining |
| 2009-PPC-016 |
District Court Oklahoma County |
CV-2010-1368 |
IBEW v Stillwater |
09/17/2010 |
Regarding expired contract & "evergreen" clause |
| 2010-PPC-018 |
|
|
AFSCME v Norman |
01/13/2011 |
Regarding regressive bargaining |
| 2010-PPC-018 |
|
|
AFSCME v Norman & John Bowman |
05/12/2011 |
Order Granting Union Summary Judgment regarding unilateral bargaining for Union's use of cell phone during business hours and Granting Summary Judgment to John Bowman |
UNIT CLARIFICATION CASES UNDER MECBA
| Case Number |
Union/City Involved |
Date |
Subject Matter |
| M1402 |
AFSCME v Enid |
07/24/2006 |
Enid's Disputed Positions involving confidential employees |
| M1401 |
AFSCME v Moore |
03/05/2007 |
Position of Building Official & Public Safety Dispatch Supervisor |
| M1402 |
AFSCME v Enid |
04/06/2007 |
Position of Enid's "911 Supervisors" included in unit |
| M1400 |
AFSCME v Lawton |
12/19/2007 |
Disputed Employee Positions in the City of Lawton |
| M1405 |
CWA v Broken Arrow |
04/24/2009 |
Regarding Employee Supervisory Positions |
| M1410 |
AFSCME v Tulsa |
05/26/2009 |
Regarding confidential employees (Medical Assistant & Medical/Radiology Technician) |
| M1410 |
CWA v Broken Arrow |
09/17/2010 |
Regarding Administrative Techs & Office Techs |
| M1414 |
AFSCME v Tulsa |
09/17/2010 |
Regarding Information Technology/Information System Unit |
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