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City of Tulsa v. Public Employees Relation Board9/22/1998
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
___ P.2d ___
THE SUPREME COURT OF THE STATE OF OKLAHOMA
CITY OF TULSA, OKLAHOMA, a home rule charter municipal corporation, Appellant, v. STATE OF OKLAHOMA, ex rel. THE PUBLIC EMPLOYEES RELATIONS BOARD, and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Tulsa Local No. 523, Appellees,
APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY, STATE OF OKLAHOMA
HONORABLE DAVID L. PETERSON, TRIAL JUDGE
The trial court affirmed a decision of the Oklahoma Public Employees Relations Board (Board) ruling City of Tulsa (City) airport safety officers (ASOs) are "police officers" covered by the Oklahoma Fire and Police Arbitration Act (FPAA), 11 O. S. 1991, § 51-101 et seq., as amended and ordering an election for the ASOs to choose the International Brotherhood of Teamsters, Tulsa Local No. 523, as their bargaining agent. Held: Board had no authority to order a bargaining agent election under the FPAA because the ASOs are not "police officers" covered by the FPAA.
TRIAL COURT JUDGMENT REVERSED;
DECISION OF PUBLIC EMPLOYEES RELATIONS BOARD REVERSED.
This case presents the issue of whether appellee, the Oklahoma Public Employees Relations Board (Board) was correct in ruling airport safety officers (ASOs) employed by appellant, City of Tulsa (City) are "police officers" covered by the Oklahoma Fire and Police Arbitration Act (FPAA), 11 O. S. 1991, § 51-101 et seq., as amended and in ordering an election for the ASOs to choose appellee, International Brotherhood of Teamsters, Tulsa Local No. 523 (Union) as their bargaining agent for FPAA purposes. We hold the Board erred as a matter of law. Although the ASOs are certified pursuant to 70 O. S. Supp. 1993, § 3311 as peace/police officers by the Council on Law Enforcement Education and Training (CLEET) and their duties, within the confines of City airport, include law enforcement functions - among other responsibilities - the definition of "police officer" for FPAA purposes requires such officers be duly appointed and sworn full-time officers of the regular police department of a municipality. ASOs are not employees of City's regular police department, i.e. the Tulsa Police Department (TPD). They are City employees who work for, and are controlled and supervised by, personnel of the Tulsa Airport Authority. Therefore, we reverse its decision and the trial court judgment affirming it.
PART I. FACTS, PROCEDURAL HISTORY AND POSITIONS OF PARTIES.
Initially passed in 1971 the FPAA's policy is to give permanent members of any paid fire or police department in any municipality covered by the Act's provisions all the rights of labor, except the right to strike. § 51-101(B). The strike prohibition is deemed necessary to protect public health, safety and welfare. § 51-101(A) & (B) Specifically, the FPAA grants municipal firefighters and police officers within its coverage the "right to bargain collectively with their municipal employer and to be represented by a bargaining agent in such collective bargaining with respect to wages, salaries, hours, rates of pay, grievances, working conditions and all other terms and conditions of employment." § 51-103(A). The Board is authorized to promulgate rules to carry out the FPAA's provisions [11 O. S. Supp. 1995, § 51-104(D)] and is the administrative agency that oversees and certifies the results of any election held for police or firefighters covered therein electing their bargaining representative. § 51-103. This case concerns the desire of City ASOs to elect U
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