Oklahoma v. INTERN. ASS'N OF FIRE FIGHTERS

2011 OK 29, 254 P.3d 678
CourtSupreme Court of Oklahoma
DecidedApril 12, 2011
Docket109,032, 109,036
StatusPublished

This text of 2011 OK 29 (Oklahoma v. INTERN. ASS'N OF FIRE FIGHTERS) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oklahoma v. INTERN. ASS'N OF FIRE FIGHTERS, 2011 OK 29, 254 P.3d 678 (Okla. 2011).

Opinion

254 P.3d 678 (2011)
2011 OK 29

The CITY OF OKLAHOMA CITY, a municipal corporation, Plaintiff/Appellee/Cross-Appellant,
v.
The INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 157, AFL-CIO/CLC, Defendant/Appellant/Cross-Appellee.

Nos. 109,032, 109,036.

Supreme Court of Oklahoma.

April 12, 2011.

*679 Kenneth D. Jordan, Assistant Municipal Counselor, Paula A. Kelly, Richard E. Mahoney, City of Oklahoma City, Oklahoma City, Oklahoma, for Plaintiff/Appellee/Cross-Appellant.

Kevin E. Hill, Homsey, Cooper, Hill & Associates, Oklahoma City, Oklahoma, for Defendant/Appellant/Cross-Appellee.

COMBS, J.

¶ 1 In the spring of 2009, the City of Oklahoma City (City) and the International Association of Firefighters, Local 157, AFL-CIO/CLC (IAFF), began negotiations for a collective bargaining agreement for City fiscal year 2009-2010 (FY 2010, beginning July 1, 2009), pursuant to the Fire and Police Arbitration Act, 11 O.S.2001, §§ 51-101, et seq. The parties could not agree on an FY2010 collective bargaining agreement and entered into a written agreement on June 23, 2009, to extend the FY 2009 collective bargaining agreement until a successor contract could be agreed upon for FY2010 or until June 30, 2010, whichever occurred first.

¶ 2 The parties progressed to interest arbitration pursuant to 11 O.S.2001, Supp.2004, §§ 51-106 through 51-110. Each party selected an arbitrator and the arbitrators selected a neutral arbitrator pursuant to 11 O.S.2001, § 51-107. The interest arbitration hearing was scheduled for August 19, 2009. Not less than seven days prior to the hearing, the parties timely submitted their last best offers to the interest arbitration board *680 and to each other as required by 11 O.S. Supp.2004, § 51-108(A)(2).

¶ 3 On August 19, 2009, the IAFF presented a Motion to Strike City's last best offer, alleging a failure to bargain in good faith. City had changed some standard language that had been used in previous contracts dealing with wages. Previous contracts contained the following language:

The parties hereto agree that a market approach shall be used to determine appropriate wage levels for members.

In City's last best offer, the language was changed to the following:

It is the intent of the parties that in fiscal year 2010-2011 a market approach shall be used to determine appropriate wage levels for members.

¶ 4 City asserted this change was intended to reflect the offer made by City throughout negotiations. City maintains its offer throughout the negotiations and arbitration had always been for a contract rollover of the FY2009 contract into FY2010 and therefore, there would be no "market approach" used for FY2010. In the Affidavit of Monica Coleman, Assistant Personnel Director for City, she states the wage freeze was an issue that had been the subject of the negotiations and she fully anticipated the parties to return to a "market approach" in FY2011. City did admit, however, prior to submitting its last best offer it did not present this identical language to IAFF.

¶ 5 Two arbitrators, the neutral arbitrator and IAFF's arbitrator, issued a signed majority "Decision and Award" (Decision) sustaining IAFF's Motion to Strike based upon City's failure to bargain in good faith.[1] The Interest Arbitration Board found City's unilateral changes to its last best offer were never presented to IAFF as part of the negotiations and therefore City failed to bargain in good faith. By sustaining IAFF's Motion, the Interest Arbitration Board struck from consideration City's last best offer.

¶ 6 On September 15, 2009, City adopted a resolution authorizing the Municipal Counselor to file litigation challenging Interest Arbitration Board's subject matter jurisdiction and authority to strike City's last best offer and enjoining IAFF from enforcing its last best offer against City. On September 17, 2009, James D. Couch, City Manager for the City of Oklahoma City, filed a Request for Special Election with the City Clerk of Oklahoma City pursuant to 11 O.S. Supp.2004, § 51-108(B). The request must be filed within ten (10) days of the date of the written Decision. The City Clerk of Oklahoma City provided notice to the Mayor and City Council of Oklahoma City. The City Council of Oklahoma City is required by 11 O.S. Supp. 2004, § 51-108(C) to call a special election within ten (10) days of such notification. On September 29, 2009, the City Council of Oklahoma City adopted a resolution calling a special election for Tuesday, February 9, 2010, to submit to the voters the last two last best offers submitted to the Interest Arbitration Board by City and IAFF. The IAFF and City had twenty (20) days from the resolution's adoption to agree on a ballot for the special election. The parties could not agree on a ballot so each submitted its own proposed ballot to the Interest Arbitration Board. On November 2, 2009, the Interest Arbitration Board chose the IAFF's ballot. The IAFF's ballot included only provisions relating to its last best offer and included only one option for the voter. The option in the ballot was only to vote in favor of IAFF's last best offer. There was no option to vote against IAFF's last best offer.

¶ 7 On November 10, 2009, City adopted a resolution authorizing the Municipal Counselor to file litigation concerning Interest Arbitration Board's selection of IAFF's ballot title. On the same day, City also adopted a resolution to reschedule the special election *681 to May 11, 2010, the last lawful municipal special election date in FY2010. The purpose was to have the district court make a determination regarding the proper ballot title before a special election was held. On May 4, 2010, City adopted a resolution cancelling the special election because the ongoing litigation had not resolved the ballot title issue prior to the last date notice could be lawfully given to the Oklahoma County Election Board for the special election.

¶ 8 On November 25, 2009, City filed its Petition for Declaratory Judgment and Equitable Relief (Petition). The Petition contained two claims for relief. City thereafter filed two motions for summary judgment, one on each of its two claims for relief.[2]

City's First Claim for Relief

¶ 9 City asserts in its Petition and Motion for Summary Judgment on its First Claim for Relief that the Interest Arbitration Board exceeded its subject matter jurisdiction and legal authority by sustaining IAFF's Motion to Strike and, thereby, striking City's last best offer from consideration and further by basing its decision upon an unfair labor practice rather than the five criteria set out in 11 O.S. Supp.2001, § 51-109. Because the Interest Arbitration Board allegedly exceeded its statutory authority, City's prayer asked the trial court to rule the Interest Arbitration Board's Decision is void and/or invalid, unenforceable and should be vacated. The trial court agreed with City and entered a Journal Entry of Judgment on August 6, 2010, holding the Decision of the Interest Arbitration Board was void and/or invalid, unenforceable and vacated.[3]

¶ 10 An appeal on summary judgment comes to this Court as a de novo review. Carmichael v. Beller, 1996 OK 48, ¶ 2, 914 P.2d 1051, 1053. On appeal, this Court assumes "plenary independent and non-deferential authority to reexamine a trial court's legal rulings." Kluver v. Weatherford Hospital Auth., 1993 OK 85, ¶ 14, 859 P.2d 1081, 1084.

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Related

Carmichael v. Beller
1996 OK 48 (Supreme Court of Oklahoma, 1996)
State Ex Rel. Thompson v. Ekberg
1980 OK 91 (Supreme Court of Oklahoma, 1980)
Brown v. Marker Ex Rel. Marker
1965 OK 172 (Supreme Court of Oklahoma, 1965)
State Ex Rel. Murphy v. Boudreau
1982 OK 117 (Supreme Court of Oklahoma, 1982)
Naylor v. Petuskey Ex Rel. District Court of Oklahoma County
1992 OK 88 (Supreme Court of Oklahoma, 1992)
City of Hugo v. State Ex Rel. Public Employees Relations Board
1994 OK 134 (Supreme Court of Oklahoma, 1994)
Kluver v. Weatherford Hospital Authority
1993 OK 85 (Supreme Court of Oklahoma, 1993)
In Re Assessment of Durant Nat. Bank
1923 OK 541 (Supreme Court of Oklahoma, 1923)

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Bluebook (online)
2011 OK 29, 254 P.3d 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oklahoma-v-intern-assn-of-fire-fighters-okla-2011.