DEL CITY v. FOP, LODGE NO. 114

No. 73138.

869 P.2d 309 (1993)

CITY OF DEL CITY, a municipal corporation, Appellant, v. FRATERNAL ORDER OF POLICE, LODGE NO. 114; and International Association of Firefighters AFL-CIO, State of Oklahoma, Local 2171, Appellees, and State of Oklahoma, Intervenor.

Supreme Court of Oklahoma.

Rehearing Denied March 16, 1994.


Attorney(s) appearing for the Case

Sherry Blankenship, Ted N. Pool, Pool, Thompson, Coldiron, Blankenship & Vincent, Oklahoma City, for appellant, City of Del City.

James R. Moore, Horning, Johnson, Grove, Moore & Hulett, Oklahoma City, for appellee, International Ass'n of Firefighters.

Richard A. Mildren, Chapel, Riggs, Abney, Neal & Turpen, Oklahoma City, for appellee, Fraternal Order of Police, Lodge No. 114.

Douglas B. Allen, Asst. Atty. Gen. of Oklahoma, Oklahoma City, for intervenor, State of Okl.

Diane Pedicord, Sue Ann Nicely, Oklahoma City, for amicus curiae, Oklahoma Mun. League, Inc.

Thomas A. Woodley, Erick J. Genser, Mulholland & Hickey, Washington, DC, for amicus curiae, International Ass'n of Fire Fighters, AFL-CIO.


SUMMERS, Justice:

At issue is the constitutionality of the "Evergreen" clause as it appears in the Oklahoma Fire and Police Arbitration Act, 11 O.S. 1991 § 51-105. The contested statute by its terms would continue an existing collective bargaining agreement with a city beyond its stated date of expiration, and into the future "until a new agreement is reached." The City of Del City challenges the Evergreen statute on...

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