Taylor v. Johnson, 64348
| Court | Supreme Court of Oklahoma |
| Citation | 706 P.2d 896,1985 OK 69 |
| Docket Number | No. 64348,64348 |
| Parties | 121 L.R.R.M. (BNA) 3325, 1985 OK 69 Paul D. TAYLOR, President, Fraternal Order of Police, Lodge 123; Fraternal Order of Police, Lodge 123, An Unincorporated Association; and Terry Stroud, An Individual, Petitioners, v. Scott JOHNSON, City Manager, City of Oklahoma City; Donald Flegal, Personnel Director, City of Oklahoma City; and the City of Oklahoma City, Oklahoma, A Municipal Corporation, Respondents. |
| Decision Date | 17 September 1985 |
Page 896
123; Fraternal Order of Police, Lodge 123, An
Unincorporated Association; and Terry
Stroud, An Individual, Petitioners,
v.
Scott JOHNSON, City Manager, City of Oklahoma City; Donald
Flegal, Personnel Director, City of Oklahoma City;
and the City of Oklahoma City,
Oklahoma, A Municipal
Corporation, Respondents.
As Corrected Sept. 20, 1985.
Page 897
Lampkin, McCaffrey & Tawwater by George J. McCaffrey and David M. O'Dens, Legal Intern, Oklahoma City, for petitioners Taylor and F.O.P., Lodge 123.
Horning, Johnson, Grove & Moore by James R. Moore, Oklahoma City, for petitioner Stroud.
Robert D. Allen, Municipal Counselor, and Richard E. Mahoney, Asst. Municipal Counselor, Oklahoma City, for respondents.
LAVENDER, Justice:
Petitioner Terry Stroud was employed as a police officer by respondent City of Oklahoma City. Stroud is also a member of petitioner F.O.P., Lodge 123.
On July 3, 1984, Stroud was discharged by respondent City. The reason given for the discharge was apparently that Stroud had lied to superiors. Stroud filed a grievance concerning this disciplinary action under the collective bargaining agreement in effect between F.O.P., Lodge 123, and respondent City. This grievance was in turn submitted for arbitration as provided in the collective bargaining agreement. The arbitrator rendered a decision that the City had not met its burden of proof to support a discharge and rendered an award to Stroud reducing the disciplinary discharge to a ten day suspension, with Stroud to be immediately reinstated with benefits, back-pay and seniority restored.
The arbitrator's decision in this case was rendered in February 1985. On February 19, 1985, the City filed a declaratory judgment action in Oklahoma County District Court seeking a determination as to whether the arbitrator's decision was binding upon the City. Petitioners, in turn, filed this application and petition before this Court, requesting that the Court assume original jurisdiction of the matter and issue a writ of prohibition to the District Court of Oklahoma County regarding the declaratory judgment action and a writ of mandamus to the City of Oklahoma City directing it to abide by the arbitrator's decision.
In Garner v. City of Tulsa, 651 P.2d 1325 (Okla.1982), we noted that the strong public policy and legislative intent reflected in the Fire and Police Arbitration Act, 11 O.S. 1981 §§ 51-101 through 51-113, supported this Court's assumption of original jurisdiction in a case involving the interpretation and application of a collective bargaining agreement as it had been applied in a grievance proceeding brought on behalf of a single individual. The Legislature's intent that disputes arising under the act be swiftly disposed of to facilitate the rights of the firefighters and police officers to the...
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