CITY OF TULSA v. FRATERNAL ORDER OF POLICE
2017 OK 73
| Okla. | 2017Background
- Kendra Miller, a Tulsa police officer, was terminated for violating seven department rules; she filed a grievance under the Collective Bargaining Agreement (CBA) with the Fraternal Order of Police, Lodge 93.
- The arbitrator's sole framed question was whether Miller was terminated for "just cause" and, if not, what remedy should apply.
- The arbitrator found "just cause for discipline" on two charges and imposed a remedy less than termination (including a 30‑day suspension).
- The City challenged the arbitration award; the district court vacated the arbitrator's decision and the Court of Civil Appeals affirmed, holding the award did not draw its essence from the CBA.
- This Court denied certiorari on the prior appeal; after mandate issued, Miller and the Lodge moved to remand the matter to the arbitrator, which the district court denied. The Supreme Court retained the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prior appellate decision precludes remand to the arbitrator | The Court of Civil Appeals resolved the merits and vacatur; law of the case, so remand unnecessary | Parties are contractually entitled to arbitration; vacatur of award does not foreclose sending the dispute back to arbitrator | Reversed: case must be remanded to district court with instructions to remand to arbitrator |
| Whether the arbitrator exceeded authority such that entire award must be vacated | Arbitrator exceeded authority by deciding remedy and imposing a lesser sanction; entire award was vacated by court | Arbitrator’s factual/disciplinary findings implicate contractual arbitration rights meriting remand | Although the Court of Civil Appeals vacated the award, parties remain entitled to arbitrate; remand ordered |
Key Cases Cited
- City of Tulsa v. Fraternal Order of Police Lodge 93, 365 P.3d 82 (Okla. Civ. App. 2016) (affirming trial court vacatur of arbitration award for not drawing its essence from the CBA)
- State ex rel. Pruitt v. Native Wholesale Supply, 338 P.3d 613 (Okla. 2014) (discussing law‑of‑the‑case principle)
- Hays v. L.C.I., Inc., 604 P.2d 861 (Okla. 1979) (definition of "vacate" as rendering an order nullity)
- Matter of Meekins, 554 P.2d 872 (Okla. Civ. App. 1976) (defining "vacate" as destruction or elimination of an order)