Legal Spotlight: What Is the Oklahoma Fire and Police Arbitration Act?
By Les Bennett, Founding Partner – Bennett Vernier
When it comes to protecting the rights of Oklahoma’s firefighters and police officers, one of the most important—and often misunderstood—laws is the Oklahoma Fire and Police Arbitration Act (FPAA). Passed in the early 1970s, the FPAA governs the legal relationship between municipalities and unionized public safety employees. Despite its age, many of the law’s principles are still being defined through ongoing litigation and arbitration.
If you’re a union representative, public safety employee, or municipal leader navigating labor issues, understanding how the FPAA works is essential.
What Is the FPAA?
The Oklahoma Fire and Police Arbitration Act, found at 11 O.S. § 51-101 and following, sets out the rules for collective bargaining, union recognition, arbitration, and unfair labor practices between cities and their fire and police departments.
The FPAA applies to all permanent paid members of police and fire departments in Oklahoma. Unlike many other states, Oklahoma does not exempt supervisory personnel from union participation—with the sole exceptions being the department chief and one administrative assistant.
The Duty to Bargain in Good Faith
At the heart of the FPAA is the duty to bargain in good faith over "wages, hours, and other terms and conditions of employment." This obligation is not just symbolic—courts have held that municipalities must meet the highest standard of good faith when negotiating with unions. That means no games, no delays, and no unilateral decisions that sidestep the collective bargaining process.
In exchange for these robust bargaining rights, Oklahoma law prohibits police officers and firefighters from striking. The FPAA aims to maintain public safety while ensuring fair treatment for public safety personnel.
Who’s In the Bargaining Unit?
This is a common source of legal conflict. Disputes often arise around:
Whether a certain position qualifies as a police officer or firefighter under the FPAA.
Whether probationary employees are entitled to full contract protections, including access to grievance arbitration.
These issues can significantly affect both representation and the rights of employees under union contracts.
Common Areas of Controversy
Several types of disputes repeatedly surface under the FPAA:
Unfair Labor Practices & Failure to Arbitrate
Cities that refuse to bargain or participate in arbitration may face legal action. Often, these disputes hinge on whether a city’s management rights clause authorizes specific actions without bargaining.Past Practices vs. Contract Language
Unions often argue that a longstanding past practice should control—even if the contract language is vague or seemingly grants management broad authority. These cases can be difficult to predict and often come down to how well the practice was documented and followed.Changes in Working Conditions
One of the most litigated areas involves whether a change in job duties, responsibilities, or policies requires bargaining. A notable example: In City of Oklahoma City v. FOP 123 (FMCS Case No. 16-50120-6), an arbitrator ruled that the unilateral implementation of body-worn cameras constituted a significant change in working conditions and ordered the city to return to the bargaining table. Other cases have reached similar conclusions with policies involving tattoos, GPS tracking, and timekeeping.
Two Types of Arbitration Under the FPAA
The FPAA provides for two distinct types of arbitration:
Interest Arbitration
This occurs when the parties cannot agree on the terms of a new contract. While the arbitrator can issue an award, cities can reject it and submit both parties' last best offers to voters in a special election. If there’s a dispute over how to word the ballot, the arbitrator decides.Grievance Arbitration
Once a contract is in place, grievance arbitration resolves disputes over its interpretation. This type of arbitration is binding, except in limited, evolving circumstances. It’s the backbone of enforcement for most day-to-day union-management conflicts.
Arbitrators for both processes are typically selected through the Federal Mediation and Conciliation Service (FMCS). Arbitration procedures are less formal than court, and the costs are generally split between the union and the municipality.
Why It Matters
The FPAA plays a critical role in ensuring that Oklahoma’s police officers and firefighters are treated fairly and that their rights at work are protected. However, the law is dense, evolving, and highly technical. Success in FPAA-related disputes often comes down to experienced legal guidance and deep knowledge of both the law and public safety environments.
Need Help With a Public Safety Labor Matter?
At Bennett Vernier, we have decades of experience representing first responders across Oklahoma. Whether you're facing a union dispute, need help with a grievance arbitration, or want to better understand your rights under the FPAA, we're here to help.
📞 Call us at (405) 787-9950 to schedule a consultation. Your union and your members deserve strong, informed advocacy.
