Legal Opinion

Fraternal Order of Police No. 165 v. City of Choctaw

Supreme Court of Oklahoma

Decided January 27, 1997No. 85460, 85542 and 85266PublishedCited by 20 opinions

1Opinion of the Court

SUMMERS, Justice:

This Court is once again faced with the question of whether a recently enacted section of the Fire and Police Arbitration Act is constitutional. At issue is 11 O.S.Supp.1994, § 51-108, which in effect mandates binding interest arbitration. Because three cases pending in this Court involve the constitutionality and application of this section, we have made them companion cases. We now uphold the constitutionality of the challenged provision as written, although we observe that an unconstitutional application of it could occur in practice.

The statute is as follows:

§ 51-108.…

2Cases cited33 opinions

  1. New York v. United StatesSupreme Court of the United States · 1992
  2. Luther v. BordenSupreme Court of the United States · 1849
  3. Colegrove v. GreenSupreme Court of the United States · 1946
  4. Reynolds v. PorterSupreme Court of Oklahoma · 1988
  5. Reherman v. Oklahoma Water Resources BoardSupreme Court of Oklahoma · 1984

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3Cited by20 opinions

  1. Thomas B. Hennigh v. City of Shawnee, Terry Powell, and Hank LandCourt of Appeals for the Tenth Circuit · 1998
  2. Starkey v. Oklahoma Department of CorrectionsSupreme Court of Oklahoma · 2013
  3. City of Tulsa v. State Ex Rel. Public Employees Relations BoardSupreme Court of Oklahoma · 1998
  4. Gerawan Farming, Inc. v. Agricultural Labor Relations BoardCalifornia Supreme Court · 2017
  5. Walls v. American Tobacco Co.Supreme Court of Oklahoma · 2000

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