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FRATERNAL ORDER OF POLICE v. ARDMORE

No. 95,131.

44 P.3d 569 (2002)

2002 OK 19

FRATERNAL ORDER OF POLICE, LODGE 108, Kenneth Bridgeman, and Nathan Fountain, Plaintiffs/Appellants, v. CITY OF ARDMORE and the Public Employees Relations Board, An agency of the State of Oklahoma, Defendants/Appellees.

Supreme Court of Oklahoma.

March 19, 2002.

Attorney(s) appearing for the Case

James R. Moore, Oklahoma City, OK, for Appellants.

Ted J. Pasley, Ardmore, OK, for Appellee City of Ardmore.

Gretchen Zumwalt, Asst. Atty. General, Oklahoma City, OK, for Appellee Public Employees Relations Board.1

OPALA, J.

¶ 1 Two dispositive issues are presented on certiorari: [1] Are probationary police officers to be considered "permanent members" of the police department for invocation of grievance arbitration rights under the terms of the Fire and Police Arbitration Act (FPAA)2? and [2] Does the PERB have statutory authority to determine the membership status of a collective bargaining unit? We answer the first question in the negative...

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