Okla. Stat. tit. 70, § 70-509.2a

dispute - Procedure - Appeal.

A. In the event of a bargaining unit determination or a

bargaining election dispute, the following procedure shall apply:

Oklahoma Statutes - Title 70. Schools Page 1012

1. In the event of a bargaining election dispute, within seven

(7) calendar days of receipt of verification of number of signatures

on the petition from the county election board or the receipt of

election results from the county election board or other

organization agreed upon by the parties to conduct the election,

either party shall give notice in writing of a dispute and the facts

on which the dispute is based to the other parties involved, and the

State Superintendent of Public Instruction requesting appointment of

a dispute resolution committee. In the event of a bargaining unit

determination dispute either party shall give notice in writing of a

dispute and the facts on which the dispute is based to the other

parties involved, and the State Superintendent of Public Instruction

requesting appointment of a dispute resolution committee. The

status quo that existed between the parties prior to the incident

giving rise to the dispute shall be maintained through the

resolution of the dispute including district court proceedings

unless the court orders otherwise upon proper application by a

party; any election scheduled pursuant to a disputed petition shall

be stayed pending resolution of the dispute including district court

proceedings;

2. Within ten (10) days of receipt of notification that a

dispute resolution committee is needed, the State Superintendent of

Public Instruction shall form a dispute resolution committee

consisting of three (3) members selected at random from the list of

fact-finders maintained by the State Board of Education pursuant to

Section 509.7 of Title 70 of the Oklahoma Statutes. The State

Superintendent shall notify the members of the committee of their

selection and set a date for the committee's first meeting to be

held no later than seven (7) calendar days following selection of

the committee. The committee shall elect a chair at its first

meeting;

3. Within five (5) calendar days after the selection of the

chair, the representatives of the parties involved in the dispute

shall present to the members of the committee written comments on

the issues related to the dispute. Each party shall furnish the

other parties copies of documents presented to the committee.

Within fifteen (15) calendar days of selection of the chair, the

chair shall convene the committee for a meeting with the

representatives of the parties. Within twenty (20) calendar days of

selection of the chair, the committee shall present its findings and

recommendations in writing to the board of education and other

parties involved in the dispute;

4. If any party decides to reject the committee's

recommendations the party must, within seven (7) days after receipt

of the committee's written recommendation, request a meeting of the

parties involved in the dispute. At the meeting the parties shall

Oklahoma Statutes - Title 70. Schools Page 1013

exchange written statements expressing their rationale for rejecting

any recommendation and shall attempt to clarify differences;

5. At any time following issuance of the dispute resolution

committee's findings and recommendations but prior to the initiation

of judicial review, the committee shall provide necessary

clarification to all parties at the request of any party. The

committee shall provide written clarification within ten (10)

calendar days of the request;

6. The local board shall file a copy of the written findings

and recommendations, including any written clarifications, of the

dispute resolution committee with the Office of the State

Superintendent of Public Instruction. If the effort to resolve

differences is successful, the parties shall forward a copy of their
l provide written clarification within ten (10)

calendar days of the request;

6. The local board shall file a copy of the written findings

and recommendations, including any written clarifications, of the

dispute resolution committee with the Office of the State

Superintendent of Public Instruction. If the effort to resolve

differences is successful, the parties shall forward a copy of their

agreement to the State Superintendent of Public Instruction. If the

effort to resolve differences is unsuccessful, the local board of

education shall notify the State Superintendent of Public

Instruction in writing of the parties' inability to agree;

7. Within fifteen (15) calendar days of the date of

notification of the parties' inability to agree any party may appeal

for judicial review of the committee's findings and recommendations

in the district court of the county in which the administrative

office of the school district is located. The review shall be

conducted by the court without a jury and shall be confined to the

written record consisting of the dispute resolution committee's

findings and recommendations, written statements furnished to the

dispute resolution committee by the parties, and written statements

exchanged among the parties as required in this section. In cases

of alleged irregularities in procedures required in this section,

the court may take testimony. The court, upon request or upon its

own motion, shall hear oral argument and receive written briefs; and

8. The court shall accept the dispute resolution committee's

findings and order the parties to comply with the dispute resolution

committee's recommendations if the findings and recommendations are

found to be valid and the proceedings are found to be free of

prejudicial error to any party. Provided the court may enter an

order overruling the committee's findings and recommendations, in

whole or in part, and order its resolution of the dispute, if the

court finds that the committee's findings, inferences, conclusions,

or decisions are:

a. in violation of constitutional provisions,

b. in excess of the authority of the committee,

c. made upon unlawful procedure,

d. affected by other error of law,

e. clearly erroneous in view of the reliable, material,

probative, and competent evidence, including matters

properly noticed by the committee, upon examination

and consideration of the entire record as submitted

Oklahoma Statutes - Title 70. Schools Page 1014

but without otherwise substituting its judgment as to

the weight of the evidence for that of the committee

on question of fact,

f. arbitrary or capricious, or

g. lacking findings of fact upon issues essential to the

decision.

The court's final order shall be issued no later than sixty (60)

days following the date the appeal is filed.

B. An aggrieved party without a motion for a new trial may

secure a review of any final judgment of a district court under this

section by appeal to the Oklahoma Supreme Court. The appeal shall

be taken in the manner and time provided by law for appeal to the

Supreme Court from the district court in civil actions.