Midwest City v. Harris, No. 50225
| Court | Supreme Court of Oklahoma |
| Writing for the Court | LAVENDER; HODGES; BARNES |
| Citation | 561 P.2d 1357 |
| Decision Date | 18 January 1977 |
| Docket Number | No. 50225 |
| Parties | 94 L.R.R.M. (BNA) 2588, 80 Lab.Cas. P 53,987 The CITY OF MIDWEST CITY, Oklahoma, and Jerry Wade, City Manager of the City of Midwest City, Oklahoma, Petitioners, v. The Honorable Carmon C. HARRIS, Judge, and the Honorable Jack R. Parr, Judge, Respondents. |
Page 1357
Manager of the City of Midwest City, Oklahoma, Petitioners,
v.
The Honorable Carmon C. HARRIS, Judge, and the Honorable
Jack R. Parr, Judge, Respondents.
Edward H. Ferrish, Midwest City, for petitioners.
Jim Ikard, Oklahoma City, for respondents.
LAVENDER, Vice Chief Judge:
The City of Midwest City (City), as employer, and Fraternal Order of Police, Lodge #127 (FOP), as the bargaining agent for the employee policemen of that city, entered into collective bargaining agreement dated May 11, 1976, under the 'Firefighters' and Policemen's Arbitration Law.' 11 O.S.1971, §§ 548.1 et seq.; 548.6. Thereafter and approximately September, 1976, a dispute arose between the parties as to the changing or modification of certain departmental regulations involving (1) use of police vehicles to transport officers to and from work; (2) grievance procedures for internal affairs; and (3) approval for outside employment.
September 22, 1976, FOP brought an action against the City in the District Court of Oklahoma County, seeking a declaratory judgment that the announced changes violated the agreement as to the preservation of prevailing rights in effect at the time of the collective bargaining agreement. Thereafter, upon motion of FOP, the trial court issued a temporary restraining order as to the transportation policy change.
By this original action, City asks this court to assume original jurisdiction and issue writ of prohibition against the trial court from proceeding further in the declaratory action and in enforcing the temporary restraining order.
Petitioner City argues FOP failed to pursue its exclusive remedy of arbitration with the district court having no jurisdiction. FOP, through the respondent trial judges, argues arbitration was not the sole remedy and the district court had jurisdiction, for arbitration was not binding on the City. We assume jurisdiction and grant the writ of prohibition.
This controversy comes after the collective bargaining agreement has been adopted by both parties, the City and the FOP. It is binding on each of them. Section 548.9 provides in part:
'* * * and if adopted the agreement shall be binding upon the bargaining agent and the corporate authorities.'
The primary object of statutory construction is to ascertain the legislative intent. That intent is...
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Peabody Galion v. Dollar, 81-1391
...bargaining agreement and therefore was subject to federal and state exclusivity requirements. See also City of Midwest City v. Harris, 561 P.2d 1357 (Okl.1977) (regarding the exhaustion problem, district courts had no jurisdiction to issue declaratory judgment interpreting collective bargai......
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Raines v. Independent School Dist. No. 6 of Craig County, 6
...Taylor v. Johnson, 706 P.2d 896 (Okla.1985); Garner v. City of Tulsa, 651 P.2d 1325 (Okla.1982); City of Midwest City v. Harris, 561 P.2d 1357 (Okla.1977). With this abrupt departure from our earlier precedents the Court undermines not only its settled jurisprudence, but also the expectatio......
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W. Heights Indep. Sch. Dist. v. The State ex rel., Okla. State Dep't of Educ, 120034
...adjudicating a temporary restraining order (TRO) may be reviewed in this Court. But see, e.g., City of Midwest City v. Harris, 1977 OK 7, 561 P.2d 1357 (writ of prohibition issued to prevent enforcement of a TRO). [12] 12 O.S.Supp. 2020, Ch. 15, App. 1, Okla. Sup. Ct. R. 1.60(c) ("Orders of......
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Nealis v. Baird, 88653.
...¶ 7, 614 P.2d 576, 579; Lekan v. P & L Fire Protection Co., 1980 OK 56, ¶ 6, 609 P.2d 1289, 1292; Midwest City v. Harris, 1977 OK 7, ¶ 6, 561 P.2d 1357, 109. TXO Production Corp. supra, note 105 at ¶ 7, at 968. 110. "Analogy originally described the mathematical concept of proportion, or of......
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W. Heights Indep. Sch. Dist. v. The State ex rel., Okla. State Dep't of Educ, 120034
...adjudicating a temporary restraining order (TRO) may be reviewed in this Court. But see, e.g., City of Midwest City v. Harris, 1977 OK 7, 561 P.2d 1357 (writ of prohibition issued to prevent enforcement of a TRO). [12] 12 O.S.Supp. 2020, Ch. 15, App. 1, Okla. Sup. Ct. R. 1.60(c) ("Orders of......
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Nealis v. Baird, 88653.
...¶ 7, 614 P.2d 576, 579; Lekan v. P & L Fire Protection Co., 1980 OK 56, ¶ 6, 609 P.2d 1289, 1292; Midwest City v. Harris, 1977 OK 7, ¶ 6, 561 P.2d 1357, 109. TXO Production Corp. supra, note 105 at ¶ 7, at 968. 110. "Analogy originally described the mathematical concept of proportion, or of......
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Peabody Galion v. Dollar, 81-1391
...bargaining agreement and therefore was subject to federal and state exclusivity requirements. See also City of Midwest City v. Harris, 561 P.2d 1357 (Okl.1977) (regarding the exhaustion problem, district courts had no jurisdiction to issue declaratory judgment interpreting collective bargai......
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Hall v. Galmor, Case Number: 115078
...362, 366 ; Oglesby v. Liberty Mut. Ins. Co. , 1992 OK 61, ¶ 8, 832 P.2d 834, 839-40 ); City of Midwest City v. Harris , 1977 OK 7, ¶ 6, 561 P.2d 1357, 1358.104 Cox , 2004 OK 17, ¶ 19, 87 P.3d at 615 (citing Haney v. State , 1993 OK 41, ¶ 5, 850 P.2d 1087, 1089 ; Pub. Serv. Co. of Okla. v. S......