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Oklahoma Legislature· SB 1937Policy recommendation to the Commerce and Economic Development Oversight committee; Do Pass Business

An act relating to labor organizations, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 1937                By: Bergstrom
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6                                 AS INTRODUCED

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7   An Act relating to labor organizations; defining

7   terms; prohibiting employers who engage in certain

8   practices from receiving economic development

8   incentives; authorizing report of certain violation

9   to the Attorney General; establishing certain

9   penalty; clarifying applicability of provisions;

10  providing for codification; and providing an

10  effective date.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15  SECTION 1.      NEW LAW       A new section of law to be codified

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16 in the Oklahoma Statutes as Section 201 of Title 40, unless there is
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17 created a duplication in numbering, reads as follows:
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18  A. As used in this act:

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19  1. "Contracts" include:

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20  a. agreements between an employer and the state, and

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21  b. agreements between an employer and a labor

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22                 organization;

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23  2. "Economic development incentive" means any grant, loan, or

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24 tax credit provided by the state or local government to an employer;
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    Req. No. 3365                                              Page 1
1   3. "Employee" means any individual who performs services for an

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2 employer for wages that are subject to withholding under 26 U.S.C.,
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3 Section 3402;
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4   4. "Employer" means a business entity that voluntarily pursues

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5 economic development incentives and enters into an agreement with
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6 the state for the purpose of receiving such incentives;
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7   5. "Labor organization" has the same meaning as defined in 29

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8 U.S.C., Section 152;
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9   6. "Neutrality agreement" means an agreement signed with a

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10 union in which the employer agrees to conditions including, but not
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11 limited to, committing not to communicate with employees about union
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12 issues;
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13  7. "Personal contact information" means an employee's home

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14 address, home or personal cell phone number, or personal electronic
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15 mail address;
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16  8. "Project" means the activity or enterprise for which an

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17 employer receives an economic development incentive;
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18  9. "Secret ballot election" means a process conducted by an

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19 agent of the National Labor Relations Board (NLRB) in which an
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20 employee casts a secret ballot for or against labor organization
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21 representation; and
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22  10. "Subcontractor" means an individual or entity that has

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23 contracted with an employer to perform work or provide services.
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    Req. No. 3365                                          Page 2
1   B. 1. No employer shall be eligible to receive an economic

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2 development incentive for a project if the employer:
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3   a. voluntarily grants recognition rights for its

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4                  employees solely and exclusively on the basis of

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5                  signed union authorization cards if the selection of a

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6                  bargaining representative may instead be conducted

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7                  through a secret ballot election conducted by the

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8                  National Labor Relations Board (NLRB),

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9   b. voluntarily discloses an employee's personal contact

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10                 information to a labor organization, or third party

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11                 acting on behalf of a labor organization, without the

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12                 employee's prior written consent, unless otherwise

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13                 required by state or federal law,

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14  c. signs a neutrality agreement with a labor

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15                 organization, or

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16  d. requires a subcontractor to engage in activities

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17                 prohibited in this paragraph.

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18  2. The prohibitions set out in paragraph 1 of this subsection

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19 shall apply to any work or service for the employer on the project
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20 for which the economic incentive is provided.
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21  C. A person or entity may report, based upon a reasonable

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22 belief, a suspected violation of paragraph 1 of subsection B of this
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23 section to the Attorney General. Upon receiving a report pursuant
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    Req. No. 3365                                          Page 3
1 to this subsection, the Attorney General shall determine whether a
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2 violation has occurred.
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3   D. An employer found to have engaged in any activity prohibited

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4 by paragraph 1 of subsection B of this section, and which has
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5 received an economic development incentive for any project, shall be
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6 required to repay all economic development incentives received over
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7 the life of the project to the administering agency of the
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8 incentive.
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9   E. Subsection B of this section shall not apply to any employer

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10 or subcontractor that does not directly receive an economic
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11 development incentive.
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12  F. This section shall not apply to any:

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13  1. Agreement between the state and an employer, or between a

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14 county or municipality and an employer, executed prior to the
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15 effective date of this act; and
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16  2. Employer with a collective bargaining unit where an

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17 employer, as of the effective date of this act, has entered into a
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18 collective bargaining agreement for that collective bargaining unit
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19 with a labor organization or to which a secret ballot election has
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20 already occurred under applicable federal law.
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21  SECTION 2. This act shall become effective November 1, 2026.

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23  60-2-3365      BRC     1/15/2026 8:56:35 AM

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    Req. No. 3365                                               Page 4
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