Moreover, the conditions of use of the approval decree do not, on the face of it, lead to unacceptable interference by the Confederation in the day-to-day work of the police.   Indeed, much of the approval order makes good sense for possible exposure to liability under federal law.   A revision of the December 2002 decree shows that: (a) is closely adapted to alleged Title VII offences committed by the applicants in this case, b) time-limited and (c) can be amended if necessary.   We therefore come to the conclusion that the approval decree does not infiltrate excessively in areas of traditional state interest and therefore does not violate the principles of federalism. On appeal, we must decide (1) whether the registration of the order of approval is either in conflict with the RIGHTS of the FOP under the Oklahoma Fire and Police Arbitration Act, Okla. Stat. tit. 11th, 51-101 and following (2001) or the FOP collective agreement with the City of Tulsa (2) on whether FOP is entitled to proceedings because of the merits of the racial discrimination requirement, since the FOP argues that the approval decree infringes its legal rights as a third party intervenor and (3) if consent is contrary to the principles of federalism.   In a full 122-day order, the district court ruled all three issues in favor of the city and approved the approval decision. In September 2002, the Landgericht granted FOP`s claim for dispute resolution and found that the union had invoked a sufficient interest in the litigation and that those interests would be affected if the court did not respond to the intervention.   About two months later, the regional court appointed a conciliation judge at the request of the parties.

  In November 2002, the parties – with FOP as a full participant – met several times with the conciliation judge.   During these settlement negotiations, it became clear that no agreement had been reached with the FOP`s agreement.   Therefore, without FOP`s agreement, the applicants and the city filed a second approval order in December 2002 (December 2002 decree or approval decree), which submitted them to the district court in full consultation with the applicants` claims of discrimination against the city.

Posted Saturday, December 19th, 2020 at 3:02 am
Filed Under Category: Uncategorized
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