|1TITLE 585. PUBLIC EMPLOYEES RELATIONS BOARD
CHAPTER 1. OPERATIONS [REVOKED]
SUBCHAPTER 1. GENERAL PROVISIONS [REVOKED]
585:1-1-1. Purpose [REVOKED]
The rules of this chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act, 75 O.S., Section 250 et seq; and are intended as aids to the efficient operation of the Board and to the orderly administration of the Fire and Police Arbitration Act; and to provide meaningful avenues for realizing and enforcing statutory rights and obligations of certain public employees, public employee organizations, and the municipal employers of this state.
585:1-1-2. Statutory definitions [REVOKED]
Terms used in this Chapter shall have the same meaning as defined in the Act unless their context clearly indicates otherwise.
585:1-1-3. Additional definitions [REVOKED]
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise.
"ACT" or "The Act" means the Fire and Police Arbitration Act.
"Hearing Officer" means that individual designated by the Board to conduct a hearing.
"Party" means any person, employee organization or municipal employer named and participating in, or properly seeking and entitled by law to participate in, an individual proceeding; or whose motion to intervene has been granted by the Board.
"Quorum" means a simple majority of the Board.
585:1-1-4. Severability [REVOKED]
If any provisions of the rules of this chapter be held invalid, it shall not be construed to invalidate any of the other provisions of the rules of this chapter.
585:1-1-5. Liberal construction [REVOKED]
The rules of this chapter shall be construed liberally to effectuate the purposes and provisions of the Act.
SUBCHAPTER 3. PROGRAM ADMINISTRATION AND DESCRIPTION [REVOKED]
585:1-3-1. PERB Board, description and powers; administrative officer [REVOKED]
(a) The Oklahoma Public Employees Relations Board is an administrative body created by 11 O.S. § 51-101 et seq., specifically § 51-104. The Board consists of three (3) members who are appointed by the Governor, and whose powers and duties are prescribed by the Legislature.
(b) The Board may appoint an administrative employee or officer to carry out administrative functions of the Board including, but not limited to, conducting representation elections or unfair labor practice charge hearings. All determinations of fact or conclusions of law shall be made only by action of the Board.
(c) The Board, on its own motion, may initiate actions when the Board determines that it is necessary to do so in order to accomplish the objectives and to carry out the duties prescribed by the Act.
585:1-3-2. Quorum [REVOKED]
Two members of the Board comprise a simple majority and shall constitute a quorum; and may transact any business or hold any hearing by a unanimous vote of the quorum. Any action of the Board shall require the affirmative vote of two members.
585:1-3-3. Location for information or for filing [REVOKED]
Any person may obtain information from, make submission to, or make a request of the Board by writing to the Chairperson, Oklahoma Public Employees Relations Board, 1140 N.W. 63rd Street, Oklahoma City, Oklahoma 73116, Telephone (405) 843-1181. Service of process on the Board is governed by 12 O.S. Supp. 1986, § 2004 (C) (i) (5).
585:1-3-4. Public inspection of documents [REVOKED]
All forms adopted by the Board, together with all Rules and Regulations and other written statements of policy or interpretation; and all final orders, decisions, and opinions, formulated, adopted or used by the Board in the discharge of its functions, are available for public inspection at the office as set forth in 585:1-3-3, in accordance with the Oklahoma Open Records Act, 51 O.S. Supp. 1986, § 24A.1 et seq.
585:1-3-5. Suspension of rules [REVOKED]
The Board may, on its own motion or by agreement of the parties, waive or suspend the application of the rules and regulations of this chapter for good cause shown.
SUBCHAPTER 5. PROCEDURES [REVOKED]
585:1-5-1. Filing of documents [REVOKED]
(a) All complaints, pleadings, submissions, petitions, reports, exceptions, briefs, memoranda, discovery requests, and other papers required to be filed with the Board shall be filed at the Board's office.
(b) Such papers may be sent by mail or hand-carried to the Board's office within the time limit, if any, for such filing.
(c) The date on which the papers are actually received by the Board shall be deemed to be the date of filing.
(d) All papers must be signed in ink by the party, by a duly authorized officer of the party, or by its attorney. The signature of the person signing the document constitutes a certification that such person has read the document; that to the best of such person's knowledge, information, and belief every statement contained in the instrument is true and correct and no such statements are misleading; and that the document is not interposed for delay. If any document submitted is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the proceeding may continue as though the document had not been served or filed.
(e) Unless otherwise specifically provided by a particular rule, regulation, or order of the Board, the original and five copies of the papers, with certificate of service on all parties, shall be filed.
(f) The documents initiating any proceeding shall state on the first page thereof the name, mailing address, and telephone number of the person or persons who may be served with any documents filed thereafter in the proceeding.
The Board shall maintain a docket of all proceedings and each proceeding shall be assigned a case number.
585:1-5-3. Computation of time [REVOKED]
The time within which an act is to be performed under the rules and regulations of this chapter shall be computed by excluding the first day and including the last. When the last day for the doing of an act required by the rules and regulations falls on a Saturday, Sunday or legal holiday then the required act may be performed on the next regular business day. The Board, for good cause shown, and with notice to all interested parties, may extend any time prescribed in the rules of this chapter.
585:1-5-4. Notice of hearing [REVOKED]
The Board shall issue and serve upon all affected parties a notice of hearing, following receipt of a complaint, petition, or application filed in conformity with the rules of this chapter. The notice shall set out the time and place for the hearing. Except by agreement of the parties, or for good cause shown, the hearing shall be scheduled, subject to the provisions of 585:15- 3-2, at a time not less than twenty (20) days nor more than ninety (90) days, after service of the notice. A copy of the complaint, petition or application shall be served with the notice. If a response to the complaint, petition, application, or notice is required, the deadline for such response shall be set out prominently therein.
585:1-5-5. Pre-hearing conference [REVOKED]
(a) Requirement of pre-hearing conference. A pre-hearing conference shall be conducted in all proceedings set for hearing before the Board or a duly appointed hearing officer. The pre- hearing conference may be conducted by telephone when the mutual convenience of the parties so requires. The Board may designate a member, employee, or its legal counsel to conduct the pre- hearing conference, which may be held as soon as possible after the case is at issue, but in any event upon at least ten (10) days notice to the parties.
(b) Representation of parties. The parties shall be represented by attorneys who have full knowledge of the case and who have authority to bind their clients by stipulations.
(c) Scheduling and conduct. The scheduling and conduct of the conferences and the scheduling of matters to be accomplished should be designed to:
(1) expedite the disposition of the action.
(2) establish early and continuing control so that the case will not be protracted because of lack of management.
(3) discourage wasteful pre-hearing activities;
(4) improve the quality of the hearing through more thorough preparation; and,
(5) facilitate the settlement of the case.
(d) General guidelines for conducting pre-hearing conference. The following guidelines should be followed by counsel and the Board in preparing and conducting a complete and adequate pre- hearing conference:
(1) Attorneys shall confer prior to the pre-hearing conference and prepare a single suggested pre-hearing order for use during the pre-hearing conference;
(2) Whenever feasible, all amendments to pleadings and stipulations should be filed in the case before the pre- hearing conference;
(3) Stipulate in writing to as many facts and issues as possible;
(4) List in writing the facts and law that are disputed; and
(5) Discuss the possibility of settlement.
(e) Subjects to be discussed at pre-hearing conferences. In accordance with the objectives of a pre-hearing conference, the participants under this section should have taken action to:
1) the formulation and simplification of the issues, including the elimination of frivolous claims or defenses;
(2) the necessity or desirability of amendments to the pleadings;
(3) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulations regarding authenticity of documents, and advance rulings from the Board on the admissibility of evidence;
(4) the avoidance of unnecessary proof and of cumulative evidence;
(5) the identification of witnesses and documents, the need and schedule for filing and exchanging pre-hearing briefs, and the date or dates for further conferences and for hearing;
(6) the possibility of settlement or the use of extra judicial procedures to resolve the dispute;
(7) the form and substance of the pre-hearing order;
(8) the disposition of pending motions; and,
(9) such other matters as may aid in the disposition of the action.
(f) Pre-hearing orders.
(1) After any conference held pursuant to this section, an order shall be entered reciting the action taken. This order shall control subsequent course of the action unless modified by a subsequent order. The order following a final pre- hearing conference shall be modified only to prevent manifest injustice. A form adopted by the Board for pre-hearing conference orders shall be used.
(2) The pre-hearing order shall include the results of the conference and advice to the Board regarding the factual and legal issues. The order shall also present all questions of law in the case. All exhibits must be marked, listed and identified in the pre-hearing order. If there is objection to the admission of any exhibits, the grounds for the objection must be specifically stated. Absent proper objection, the listed exhibit is admitted when offered at hearing or other proceeding. Attorneys for all parties will approve the order. The order shall be presented to the Board for signature. The contents of the pre-hearing order shall supersede the pleadings and govern the hearing of the case unless departure therefrom is permitted by the Board to prevent manifest injustice. Proposed pre-hearing orders shall not be filed.
(g) Default. Failure to prepare and file a scheduling order or pre-hearing order, failure to appear at a conference, appearance at a conference substantially unprepared, or failure to participate in good faith may result in any of the following sanctions:
(1) the striking of the pleading;
(2) a preclusion order;
(3) staying the proceeding;
(4) default judgment;
(5) or such other order as the Board may deem just and appropriate.
(h) After pre-hearing. After pre-hearing, if additional exhibits or writings are discovered, the party intending to use them shall immediately mark them for identification and furnish copies to opposing counsel. These shall be deemed admitted
unless written objection is served and filed within ten (10) days of receipt, stating the specified grounds for objection. If additional witnesses are discovered, opposing counsel shall be notified immediately in writing and furnished their names, addresses and the nature of the testimony. Copies of the additional documents, exhibits, writings, or list of witnesses shall also be mailed to the Board to be filed in the case. No exhibit or witness may be added to the final pre-hearing order once the same has been prepared and signed and filed by the Board without a showing to the Board that manifest injustice would be created if the party requesting the addition of such evidence or testimony was not permitted to add such final pre-hearing order.
585:1-5-6. Amicus curiae [REVOKED]
(a) A brief of an amicus curiae which is confined to the issues raised by the parties may be filed if it is accompanied by written consent of all the parties. If consent is denied by any of the parties, the amicus curiae may file a statement which concisely discloses the nature and extent of the applicant's interest, states any facts or questions of law which may not be presented adequately by the litigants, and the relevancy of these facts or questions of law to the disposition of the case. An original and five copies should be filed with the Board, with certificate of service upon all parties. If an objection is not filed within ten (10) days, consent shall be deemed to have been granted. If an objection is filed, the Board shall review the statement and the objections to determine whether to allow the filing of the amicus brief.
(b) The disposition of a case will not be delayed pending action on a motion for leave to file an amicus curiae brief or to await the filing of a brief amicus curiae. If the filing of an amicus curiae brief is allowed either by the consent of the parties or by the Board, it must be filed within the briefing schedule set for the party supported.
(c) Leave may be sought by any party in the case to file a response to the amicus curiae brief.
585:1-5-7. Transcripts [REVOKED]
An official reporter shall make the only official transcript
of proceedings before the Board. A party shall be entitled to a transcript of the oral proceedings upon request, but shall be obligated to pay for the cost incurred in obtaining a transcript of the oral proceedings. Requests for transcripts should be made through the Board either on the record or in writing. That portion of a hearing constituting adjudicative or quasi- adjudicative deliberations of the Board shall not be recorded.
585:1-5-8. Rights of parties at hearings [REVOKED]
Any party, as defined in 75 O.S. 1981, §301 (8), shall have the right to appear at any hearing in person or by counsel duly licensed to practice law in the State of Oklahoma, and any party and the Board shall have the power to call and examine witnesses, and to introduce into the record documentary and other evidence.
585:1-5-9. Amending of rules [REVOKED]
(a) Any person may petition the Board for the adoption, amendment, or repeal of any rule of the Board. Such petition shall be in writing and shall include:
(1) Name and address. The name and address of the person requesting the adoption, amendment or repeal of the rule;
(2) Proposed rule. A statement of the proposed rule or amendment or a designation of the provisions sought to be repealed.
(3) Statement. A statement of why the rule is being proposed for adoption, amendment or repeal.
(b) Within sixty (60) days of the Board's receipt of the pro- posed rule, the Board shall either deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings in accordance with 75 O.S. 1981, § 251-256 and 75 O.S. Supp. 1986, §302-308.
585:1-5-10. Declaratory rulings by the Board [REVOKED]
(a) Order. Any public employee, employee organization, public employer, or interested person or organization may petition the Board for a declaratory order as to the applicability of any rule or order of the Board, pursuant to 75 O.S. 1982, § 307.
(b) Petition submitted. The Board shall consider each petition submitted and, within a reasonable time after the submission thereof, either deny the petition in writing, stating its reason for such denial, or issue a declaratory order on the matters contained in the petition.
SUBCHAPTER 7. HEARINGS [REVOKED]
585:1-7-1. Hearings to be conducted by Board or hearing officer [REVOKED]
All hearings shall be conducted by the Board unless the Board finds it necessary or desirable to appoint a hearing officer to conduct a hearing. The Board may confer upon such hearing officer the necessary powers, subject to the Oklahoma Administrative Procedures Act, to conduct such hearing and/or any procedural matters related thereto.
585:1-7-2. Open hearings [REVOKED]
Hearings shall be open to the public unless otherwise provided by law or ordered, for good cause, by the Board.
585:1-7-3. Motions [REVOKED]
(a) The Board recognizes all those motions permitted under the Oklahoma Pleading Code, 12 O. S. Supp. 1986, §2001 et seq; and a party's motion requesting the Board to defer to either pending or completed grievance arbitration.
(b) All motions made during a hearing shall be made part of the record of the proceedings.
(c) All motions other than those made during a hearing shall be subject to the following:
(1) Such motions shall be made in writing to the Board, shall briefly state the relief sought, and shall be accompanied by affidavits and/or memoranda setting forth the grounds upon which they are based.
(2) The moving party shall, concurrently therewith, serve a copy of all motions and supporting documents on all other parties.
(3) Any response or objection to the motion shall be filed with the Board within fifteen (15) days of receipt of the motion, and shall be served on all parties.
(4) The Board may decide to hear oral argument or testimony thereon, in which case the Board shall notify the parties of such fact and of the time and place of such argument or the taking of such testimony.
585:1-7-4. Appearances [REVOKED]
The provisions of Section 585:1-5-8 shall govern appearances at a hearing.
585:1-7-5. Witnesses [REVOKED]
All witnesses shall appear in person and shall be examined under oath or affirmation. All witnesses summoned by the Board at the request of a party shall be paid by the party. Witnesses shall be paid the same witness and mileage fees as are paid witnesses in the District Court of Oklahoma.
585:1-7-6. Discovery [REVOKED]
(a) Upon application and for good cause shown, the Board may permit the parties in a hearing to conduct discovery pursuant to the Oklahoma Code of Civil Procedure, 12 O.S. Supp. 1986, § 3201 et seq., subject to the provisions of 585:1-5-1.
(b) A copy of the request for discovery shall be filed with the Board.
(c) Witness fees and mileage shall be paid by the party at whose instance the witness appears and the person taking the deposition shall be paid by the party at whose instance the deposition is taken.
585:1-7-7. Subpoenas [REVOKED]
(a) Issuance of subpoenas. The Board may issue subpoenas to require the attendance of witnesses in this State and the production of books and papers at a hearing or deposition held pursuant to the rules of this chapter.
(b) Application for subpoena. Any party may file a written application for subpoenas with the Board before the hearing.
(c) Motion to revoke subpoenas.
(1) A motion to revoke or quash a subpoena may be filed with the Board not later than three (3) days from the date of service of the subpoena.
(2) The Board shall give notice of the filing of a motion to revoke or quash to the applicant for subpoena.
(d) Ruling on motion to revoke or quash.
(1) The Board may revoke or quash a subpoena on the ground that the subpoena does not reasonably relate to any matter under investigation, inquiry, or hearing; that the subpoena does not describe with sufficient particularity the evidence sought, or that the evidence sought from the witness is privileged under the law or the provisions of the rules of this chapter.
(2) The Board shall make a statement as to the basis for its ruling.
(3) An aggrieved party may request that the motion to revoke or quash a subpoena, the answer thereto, if any, and the Board's statement of the basis for its ruling be made part of the record.
(1) No person served with a subpoena issued by the Board shall refuse or neglect to appear, to testify, or to produce books and papers relevant to such investigation, inquiry, or hearing as commanded in such subpoena without the timely filing of a motion to revoke or quash a subpoena with the Board.
(2) A failure to comply with, or neglect of, a subpoena issued by the Board may be certified by the Board to a court of competent jurisdiction for an order of compliance.