# Independent School District No. 89 of Oklahoma County v. Oklahoma City Federation of Teachers, Local 2309

> Supreme Court of Oklahoma · June 10, 1980 · 612 P.2d 719

URL: https://www.frixlaw.com/law-library/cases/9848033

## Case

- **Full name:** INDEPENDENT SCHOOL DISTRICT NO. 89 OF OKLAHOMA COUNTY, a Public Body Corporate, Appellee, v. the OKLAHOMA CITY FEDERATION OF TEACHERS, LOCAL 2309 OF the AMERICAN FEDERATION OF TEACHERS, AFL-CIO, an Unincorporated Association; Et Al., Appellants, (Two Cases)
- **Court:** Supreme Court of Oklahoma
- **Decided:** June 10, 1980
- **Citations:** 612 P.2d 719
- **Precedential status:** Published
- **Opinion:** Concurrence by Doolin
- **Judges:** Simms, Lavender, Williams, Hodges, Barnes, Hargrave, Doolin, Irwin, Opala
- **Cited by:** 61 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9848033

## Opinion text

DOOLIN, Justice,
concurring specially:
I concur with the majority; the trial court was eminently correct in issuing a temporary injunction relieving the Board of a duty to negotiate with OCFT while its members were on strike. I likewise concur with the majority in its conclusion that the “equitable” solution adopted by the trial court was unauthorized and improper.
I feel it necessary to comment specially as to the action of the trial court when it enjoined the District from negotiating with OCFT and from recognizing OCFT as a bargaining agent.
What the Board effected by its declaratory action was two-fold: (1) a declaration that during the strike by OCFT, it was under no duty to negotiate; (2)'an injunction against itself that prohibited further negotiation when the strike was over (with the properly certified OCFT). The Board with the trial court’s approval, clearly defeated the legislative intent of bargaining, possible arbitration and the whole purpose of the statute — labor management peace.
The injunction against itself was not proper and was a raw example of a misapplication of judicial force — an injunction against striking may have been in order but *727 not one pernicious in nature that destroyed the contract right to bargain collectively and the purpose of the statute.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9848033. Public record. Not legal advice.