{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-509.2a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-509.2a","heading":"Bargaining unit determination of bargaining election","body":"dispute - Procedure - Appeal.\n\nA. In the event of a bargaining unit determination or a\n\nbargaining election dispute, the following procedure shall apply:\n\n1. In the event of a bargaining election dispute, within seven\n\n(7) calendar days of receipt of verification of number of signatures\n\non the petition from the county election board or the receipt of\n\nelection results from the county election board or other\n\norganization agreed upon by the parties to conduct the election,\n\neither party shall give notice in writing of a dispute and the facts\n\non which the dispute is based to the other parties involved, and the\n\nState Superintendent of Public Instruction requesting appointment of\n\na dispute resolution committee. In the event of a bargaining unit\n\ndetermination dispute either party shall give notice in writing of a\n\ndispute and the facts on which the dispute is based to the other\n\nparties involved, and the State Superintendent of Public Instruction\n\nrequesting appointment of a dispute resolution committee. The\n\nstatus quo that existed between the parties prior to the incident\n\ngiving rise to the dispute shall be maintained through the\n\nresolution of the dispute including district court proceedings\n\nunless the court orders otherwise upon proper application by a\n\nparty; any election scheduled pursuant to a disputed petition shall\n\nbe stayed pending resolution of the dispute including district court\n\nproceedings;\n\n2. Within ten (10) days of receipt of notification that a\n\ndispute resolution committee is needed, the State Superintendent of\n\nPublic Instruction shall form a dispute resolution committee\n\nconsisting of three (3) members selected at random from the list of\n\nfact-finders maintained by the State Board of Education pursuant to\n\nSection 509.7 of Title 70 of the Oklahoma Statutes. The State\n\nSuperintendent shall notify the members of the committee of their\n\nselection and set a date for the committee's first meeting to be\n\nheld no later than seven (7) calendar days following selection of\n\nthe committee. The committee shall elect a chair at its first\n\nmeeting;\n\n3. Within five (5) calendar days after the selection of the\n\nchair, the representatives of the parties involved in the dispute\n\nshall present to the members of the committee written comments on\n\nthe issues related to the dispute. Each party shall furnish the\n\nother parties copies of documents presented to the committee.\n\nWithin fifteen (15) calendar days of selection of the chair, the\n\nchair shall convene the committee for a meeting with the\n\nrepresentatives of the parties. Within twenty (20) calendar days of\n\nselection of the chair, the committee shall present its findings and\n\nrecommendations in writing to the board of education and other\n\nparties involved in the dispute;\n\n4. If any party decides to reject the committee's\n\nrecommendations the party must, within seven (7) days after receipt\n\nof the committee's written recommendation, request a meeting of the\n\nparties involved in the dispute. At the meeting the parties shall\n\nexchange written statements expressing their rationale for rejecting\n\nany recommendation and shall attempt to clarify differences;\n\n5. At any time following issuance of the dispute resolution\n\ncommittee's findings and recommendations but prior to the initiation\n\nof judicial review, the committee shall provide necessary\n\nclarification to all parties at the request of any party. The\n\ncommittee shall provide written clarification within ten (10)\n\ncalendar days of the request;\n\n6. The local board shall file a copy of the written findings\n\nand recommendations, including any written clarifications, of the\n\ndispute resolution committee with the Office of the State\n\nSuperintendent of Public Instruction. If the effort to resolve\n\ndifferences is successful, the parties shall forward a copy of their\nl provide written clarification within ten (10)\n\ncalendar days of the request;\n\n6. The local board shall file a copy of the written findings\n\nand recommendations, including any written clarifications, of the\n\ndispute resolution committee with the Office of the State\n\nSuperintendent of Public Instruction. If the effort to resolve\n\ndifferences is successful, the parties shall forward a copy of their\n\nagreement to the State Superintendent of Public Instruction. If the\n\neffort to resolve differences is unsuccessful, the local board of\n\neducation shall notify the State Superintendent of Public\n\nInstruction in writing of the parties' inability to agree;\n\n7. Within fifteen (15) calendar days of the date of\n\nnotification of the parties' inability to agree any party may appeal\n\nfor judicial review of the committee's findings and recommendations\n\nin the district court of the county in which the administrative\n\noffice of the school district is located. The review shall be\n\nconducted by the court without a jury and shall be confined to the\n\nwritten record consisting of the dispute resolution committee's\n\nfindings and recommendations, written statements furnished to the\n\ndispute resolution committee by the parties, and written statements\n\nexchanged among the parties as required in this section. In cases\n\nof alleged irregularities in procedures required in this section,\n\nthe court may take testimony. The court, upon request or upon its\n\nown motion, shall hear oral argument and receive written briefs; and\n\n8. The court shall accept the dispute resolution committee's\n\nfindings and order the parties to comply with the dispute resolution\n\ncommittee's recommendations if the findings and recommendations are\n\nfound to be valid and the proceedings are found to be free of\n\nprejudicial error to any party. Provided the court may enter an\n\norder overruling the committee's findings and recommendations, in\n\nwhole or in part, and order its resolution of the dispute, if the\n\ncourt finds that the committee's findings, inferences, conclusions,\n\nor decisions are:\n\na. in violation of constitutional provisions,\n\nb. in excess of the authority of the committee,\n\nc. made upon unlawful procedure,\n\nd. affected by other error of law,\n\ne. clearly erroneous in view of the reliable, material,\n\nprobative, and competent evidence, including matters\n\nproperly noticed by the committee, upon examination\n\nand consideration of the entire record as submitted\n\nbut without otherwise substituting its judgment as to\n\nthe weight of the evidence for that of the committee\n\non question of fact,\n\nf. arbitrary or capricious, or\n\ng. lacking findings of fact upon issues essential to the\n\ndecision.\n\nThe court's final order shall be issued no later than sixty (60)\n\ndays following the date the appeal is filed.\n\nB. An aggrieved party without a motion for a new trial may\n\nsecure a review of any final judgment of a district court under this\n\nsection by appeal to the Oklahoma Supreme Court. The appeal shall\n\nbe taken in the manner and time provided by law for appeal to the\n\nSupreme Court from the district court in civil actions.","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":"25af94b3feb5978994e9db9ba63336b5d330f81c6b841a50f2eac4b2b35afb03","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-509.2","next":"us-ok/okla.-stat.-tit.-70-70-509.3"},"notice":"GroundRules: Original legal text. Not legal advice."}