{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-509.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-509.2","heading":"Recognition of employee organization - Bargaining unit","body":"defined - Petition for election - Conduct of election.\n\nA. The board of education shall recognize an employee\n\norganization designated by an election of the employees in an\n\nappropriate bargaining unit as the exclusive representative of all\n\nthe employees in such unit. The members of an employee organization\n\nshall be employees as defined in paragraphs 1, 2 and 3 of this\n\nsubsection and Section 1-116 of this title. The recognition of such\n\nemployee organization shall be made by the board no later than\n\nfourteen (14) days after the election. Any person who desires not\n\nto be represented by any organization may so state in writing to his\n\nor her board of education. Appropriate bargaining units are defined\n\nas follows; however, such definition shall not be construed, of\n\nitself, as requiring that bargaining units engage in bargaining or\n\nact to disengage from bargaining:\n\n1. Employees who are employed and certified as principals and\n\nassistant principals and who have responsibilities for the\n\nsupervision of classroom teachers shall constitute an appropriate\n\nunit;\n\n2. All other employees who are required by the position in\n\nwhich employed to be certified as teachers as that term is defined\n\nin Section 1-116 of this title and who do not hold supervisory\n\nauthority with respect to other teachers in the district shall\n\nconstitute an appropriate unit; and\n\n3. All employees who are not required by their job description\n\nto be a principal, certified teacher, superintendent or other\n\ncertified or noncertified administrator shall constitute a separate\n\nbargaining unit. Provided that, employees with access to\n\nconfidential, labor relations information of the school district, or\n\nmanagerial employees whose responsibilities include making\n\nemployment recommendations to the superintendent and for which their\n\nposition does not require a certificate, shall be excluded from this\n\nor other bargaining units. Also excluded is any employee position\n\nagreed to be excluded from the bargaining unit by the employee\n\norganization and the school district.\n\nProvided, if employees categorized according to paragraphs 2 and\n\n3 of this subsection were organized for bargaining as a single unit\n\nas of April 14, 1986, or are at any time employed in a district\n\nhaving fewer than seventy-five employees in the two categories taken\n\ntogether, the employees may, for such time as a majority of the\n\nemployees in each category indicate by secret ballot vote they share\n\na single community of interest, constitute a single appropriate\n\nunit. Further provided, any final judgment of the Supreme Court\n\ndenying such community of interest in any school district shall have\n\nthe effect of rendering inappropriate all units, in whatever school\n\ndistricts they exist, which include employees of both categories.\n\nB. 1. Within seven (7) business days of receiving a sealed\n\npacket containing an employee petition filed by or on behalf of\n\nthirty-five percent (35%) or more of the employees in a unit, such\n\npetition calling for an election to determine which, if any,\n\nemployee organization represents the employees in a bargaining unit,\n\nthe board shall arrange for verification that there are a sufficient\n\nnumber of correct names to constitute at least thirty-five percent\n\n(35%) of the employees in the unit. Such arrangements shall include\n\nthe transmitting of the sealed packet and a list of employees\n\neligible to be included in the bargaining unit to the individual\n\ndesignated pursuant to the provisions of paragraph 2 of this\n\nsubsection.\n\n2. The petition calling for the secret ballot election shall\n\ncontain only the names of employees of the bargaining unit who have\n\nsigned and dated the petition. Within thirty (30) days of receipt\n\nof the sealed packet by the district court judge in and for the\n\ncounty in which the school district has its main office, the sealed\n\npacket shall be opened and the petition shall be verified by an\non.\n\n2. The petition calling for the secret ballot election shall\n\ncontain only the names of employees of the bargaining unit who have\n\nsigned and dated the petition. Within thirty (30) days of receipt\n\nof the sealed packet by the district court judge in and for the\n\ncounty in which the school district has its main office, the sealed\n\npacket shall be opened and the petition shall be verified by an\n\nindividual designated by the district judge of such court for the\n\ncounty in which the school district has its main office. Upon\n\nverification of the number of signatures on the petition, the\n\ndistrict court judge shall notify in writing the district board of\n\neducation and any employee organization that has requested notice of\n\nthe verification. Under no circumstances shall the individual so\n\ndesignated reveal the names of employees who signed or did not sign\n\nthe petition. If an employee has signed more than one petition, the\n\nname of the employee shall be removed from each petition.\n\n3. The period of time for signing of a recognition petition\n\nshall commence upon receipt of written notification by the school\n\nboard from an organization indicating that it intends to circulate a\n\npetition and shall cease thirty (30) days thereafter. Provided, if\n\nan organization recognized as representative of a unit for\n\nbargaining is being challenged for discontinuation of representation\n\nas provided in paragraph 7 of subsection C of this section or is\n\nbeing challenged by another organization seeking recognition, the\n\nperiod for signing shall commence on the first day of February and\n\nend on the last day of that same February.\n\nC. 1. Not less than forty-five (45) days nor more than sixty\n\n(60) days after receipt of notification that the petition has been\n\nverified as sufficient, a secret ballot election shall be held to\n\ndetermine which, if any, employee organization shall represent the\n\nunit. No election shall be held for a unit within which a valid\n\nelection was held in the preceding two (2) years.\n\nOn or after March 2, 1995, the board shall recognize within ten\n\n(10) days an organization which has obtained signed authorization\n\nfrom a majority of the employees eligible to be included in the unit\n\nbut has not been recognized. No election shall be held for such\n\nunit within two (2) years of recognition. An appropriate election\n\nballot shall be printed for this election, which contains the names\n\nof all employee organizations having presented a petition verified\n\nas signed by at least thirty-five percent (35%) of the employees\n\neligible to be in the unit to represent or currently recognized as\n\nrepresenting the unit; provided, no such organization shall be shown\n\non the ballot unless the organization pays to the board a filing fee\n\nof Two Hundred Fifty Dollars ($250.00). The ballot shall also\n\nprovide an option whereby any employee of the unit may indicate a\n\npreference that the unit not be represented by any organization.\n\nEvery organization that receives at least fifteen percent (15%) of\n\nthe vote in the election shall be reimbursed the Two Hundred Fifty\n\nDollars ($250.00) by the board. The board shall use any remaining\n\nfiling fee money to help offset the cost of the validation process\n\nof the petition, if any, as well as any election costs incurred.\n\n2. When none of the choices on the ballot receives a majority\n\nof the votes, a runoff election shall be conducted on the fourteenth\n\nday following the first election between the two choices which\n\nreceived the largest number of votes in the preceding election.\n\n3. The employee organization or organizations and the school\n\nboard shall, by agreement, determine the method by which each\n\nelection shall be conducted. All costs incurred in an election\n\nshall be shared equally by all parties involved.\n\nIf no agreement can be reached by thirty (30) days prior to the\n\nelection, the board of education shall notify the county election\nes in the preceding election.\n\n3. The employee organization or organizations and the school\n\nboard shall, by agreement, determine the method by which each\n\nelection shall be conducted. All costs incurred in an election\n\nshall be shared equally by all parties involved.\n\nIf no agreement can be reached by thirty (30) days prior to the\n\nelection, the board of education shall notify the county election\n\nboard of the county in which the board is located of such fact, and\n\nthe following method for conducting the secret ballot election shall\n\nbe followed and conducted by the county election board:\n\na. At the time of such notice, the board of education\n\nshall provide to the county election board:\n\n(1) a list of all the polling places for the\n\nelection, such list to include every middle\n\nschool or junior high school and the central\n\nadministration office in the district;\n\n(2) a list of names of all the persons eligible to\n\nvote in the election, such list to be in\n\nalphabetical order and duplicated in such number\n\nthat there shall be one for each polling place,\n\nplus an additional five copies;\n\n(3) the names of each organization entitled to have\n\nits name appear on the ballot; and\n\n(4) the date of the election which shall not be a\n\nspecial election date specified by subsection B\n\nof Section 3-101 of Title 26 of the Oklahoma\n\nStatutes.\n\nb. Ballots for the election shall be printed by the\n\ncounty election board in the same manner as for other\n\nelections conducted by the county election board,\n\ninsofar as is possible. The names of organizations\n\nshall be listed on the ballot in the order in which\n\nsaid names are furnished to the county election board\n\nby the board of education. The option specifying that\n\nno organization shall represent the employee\n\nbargaining unit shall be listed last on the ballot, in\n\nsuch language as may be specified by the board.\n\nc. The secretary of the county election board shall\n\nappoint an inspector, judge and clerk for each polling\n\nplace. The inspector, judge and clerk shall be\n\nselected from among the regular precinct officials in\n\nthe county.\n\nd. Polling places shall be open from 7:00 a.m. to 7:00\n\np.m. on the day of the election. Any eligible person\n\nwho appears to vote no later than 7:00 p.m. shall be\n\nentitled to vote.\n\ne. Eligible voters may vote after signing their\n\nsignatures beside their names on the list of names of\n\nall the persons eligible to vote in the election. The\n\nvoter shall place his or her ballot in the ballot box\n\nin the presence of the inspector.\n\nf. Each organization entitled to have its name appear on\n\nthe ballot shall be permitted to appoint one\n\nchallenger at each polling place. Each such\n\nchallenger shall be properly identified as such, and\n\nshall be limited to inquiring of a prospective voter,\n\nsaid prospective voter's name, address, job\n\nclassification and work site. The challenger may\n\nchallenge the right of any prospective voter to vote\n\nby so informing the judge. Upon being so challenged,\n\nthe prospective voter may vote if, after being\n\ninformed by the judge of such a challenge, the voter\n\nsigns his or her signature beside his or her name on\n\nthe list of names of all the persons eligible to vote\n\nin the election. If same occurs, the judge shall\n\nwrite the words \"Challenged by _____\" beside the\n\nvoter's signature.\n\ng. The county election board shall certify in writing the\n\nresults of the election to the board of education on\n\nthe day following the election and on the same day\n\nshall mail a copy of the certification to all employee\n\norganizations that have requested copies of the\n\ncertification.\n\nh. Costs of the election shall be paid to the county\n\nelection board by the board of education. The costs\n\nshall include the regular salaries of the inspector,\n\njudge, and clerk, in addition to all other necessary\n\nand reasonable costs. Such costs shall include\nication to all employee\n\norganizations that have requested copies of the\n\ncertification.\n\nh. Costs of the election shall be paid to the county\n\nelection board by the board of education. The costs\n\nshall include the regular salaries of the inspector,\n\njudge, and clerk, in addition to all other necessary\n\nand reasonable costs. Such costs shall include\n\ncompensation for members of the county election board,\n\nincluding the secretary.\n\ni. Anyone guilty of voting more than one time in the\n\nelection will be guilty of a misdemeanor and subject\n\nto a fine of Two Hundred Dollars ($200.00) or thirty\n\n(30) days in the county jail.\n\n4. No employee shall use regularly scheduled duty time for\n\ncampaign purposes.\n\n5. A list of the employees eligible to vote in the election\n\nincluding their names, addresses, phone numbers, job classification\n\nand work site shall be provided not less than fourteen (14) days\n\nbefore the election to each organization listed on the official\n\nballot.\n\n6. Any board or organization challenging the results of any\n\nelection held pursuant to the provisions of this section shall post\n\nwith the district court a bond of One Thousand Dollars ($1,000.00)\n\nwhich shall be forfeited if the court finds that the challenge is in\n\nbad faith.\n\n7. In any February more than two (2) years after recognition of\n\nan organization pursuant to the provisions of this section and upon\n\nthe receipt of a petition calling for discontinuation of\n\nrepresentation signed by thirty-five percent (35%) of the employees\n\neligible to be included in the unit, a board shall call an election\n\nto determine whether the members of a unit wish to discontinue being\n\nrepresented for bargaining. If a majority of the votes cast are\n\nvotes to discontinue representation, efforts to gain recognition by\n\nany organization shall be prohibited for a period of two (2) years\n\ncommencing with the expiration of the contract then in force. The\n\nballots used in such election shall, without reference to any\n\norganization by name, offer the single choice of continued\n\nrepresentation or discontinuation of representation.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c5ffbf5afdf1211755d1c29682d34b42d7948238ff1dce4bc766881f3b7b88fe","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-509.12","next":"us-ok/okla.-stat.-tit.-70-70-509.2a"},"notice":"GroundRules: Original legal text. Not legal advice."}