Okla. Admin. Code § 585:35-3-2

Current through Vol. 42, No. 4, November 1, 2024

Section 585:35-3-2 - Bars to an election

Notwithstanding the filing or pendency of an election petition, the Board shall conduct no representation election when one or more of the following conditions exist:

(1)Election bar. During the one (1) year period following the date of certification, decertification or noncertification subsequent to a valid representation election.

(2)Existence of collective bargaining agreement. Whenever a collective bargaining agreement exists, provided such agreement is written and executed by the parties to it. This contract bar shall not apply to a representation election in a unit clarification case.

(3)Decertification elections. Petitions for decertification which are filed with the Board not less than one hundred eighty (180) nor more than two hundred forty (240) days prior to the stated expiration date of an otherwise valid collective bargaining agreement shall be processed by the Board notwithstanding the provisions of (2) of this subsection, and any election ordered by the Board pursuant to 11 O.S., §51-103, shall be conducted not more than one hundred eighty (180) days nor less than one hundred fifty (150) days prior to the expiration of the collective bargaining agreement.

(4)Disclaimer of representation. Notwithstanding the provisions of (3) of this subsection, the Board will process a valid decertification petition accompanied by an adequate show of interest as required by 585:35-3-1 at any time if the certified employee organization files a disclaimer of representation. A disclaimer of representation is a statement signed by an authorized representative of the certified employee organization, stating that the employee organization wishes to disclaim representation of the employees in the certified bargaining unit.

Okla. Admin. Code § 585:35-3-2

Added at 24 Ok Reg 1645, eff 6-11-07¹

¹See Editor's Note at beginning of this Chapter.