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ENGR. S. B. NO. 1937 Page 1
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ENGROSSED SENATE
BILL NO. 1937 By: Bergstrom, Daniels, and
Bullard of the Senate
and
Lepak of the House
An Act relating to labor organizations; defining
terms; prohibiting employers who engage in certain
practices from receiving economic development
incentives; authorizing report of certain violation
to the Attorney General; establishing certain
penalty; clarifying applicability of provisions;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 201 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. As used in this act:
1. “Contracts” include:
a. agreements between an employer and the state, and
b. agreements between an employer and a labor
organization;
2. “Economic development incentive” means any grant, loan, or
tax credit provided by the state or local government to an employer;
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3. “Employee” means any individual who performs services for an
employer for wages that are subject to withholding under 26 U.S.C.,
Section 3402;
4. “Employer” means a business entity that voluntarily pursues
economic development incentives and enters into an agreement with
the state for the purpose of receiving such incentives;
5. “Labor organization” has the same meaning as defined in 29
U.S.C., Section 152;
6. “Neutrality agreement” means an agreement signed with a
union in which the employer agrees to conditions including, but not
limited to, committing not to communicate with employees about union
issues;
7. “Personal contact information” means an employee’s home
address, home or personal cell phone number, or personal electronic
mail address;
8. “Project” means the activity or enterprise for which an
employer receives an economic development incentive;
9. “Secret ballot election” means a process conducted by an
agent of the National Labor Relations Board (NLRB) in which an
employee casts a secret ballot for or against labor organization
representation; and
10. “Subcontractor” means an individual or entity that has
contracted with an employer to perform work or provide services.
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B. 1. No employer shall be eligible to receive an economic
development incentive for a project if the employer:
a. voluntarily grants recognition rights for its
employees solely and exclusively on the basis of
signed union authorization cards if the selection of a
bargaining representative may instead be conducted
through a secret ballot election conducted by the
National Labor Relations Board (NLRB),
b. voluntarily discloses an employee’s personal contact
information to a labor organization, or third party
acting on behalf of a labor organization, without the
employee’s prior written consent, unless otherwise
required by state or federal law,
c. signs a neutrality agreement with a labor
organization, or
d. requires a subcontractor to engage in activities
prohibited in this paragraph.
2. The prohibitions set out in paragraph 1 of this subsection
shall apply to any work or service for the employer on the project
for which the economic incentive is provided.
C. A person or entity may report, based upon a reasonable
belief, a suspected violation of paragraph 1 of subsection B of this
section to the Attorney General. Upon receiving a report pursuant
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to this subsection, the Attorney General shall determine whether a
violation has occurred.
D. An employer found to have engaged in any activity prohibited
by paragraph 1 of subsection B of this section, and which has
received an economic development incentive for any project, shall be
required to repay all economic development incentives received over
the life of the project to the administering agency of the
incentive.
E. Subsection B of this section shall not apply to any employer
or subcontractor that does not directly receive an economic
development incentive.
F. This section shall not apply to any:
1. Agreement between the state and an employer, or between a
county or municipality and an employer, executed prior to the
effective date of this act; and
2. Employer with a collective bargaining unit where an
employer, as of the effective date of this act, has entered into a
collective bargaining agreement for that collective bargaining unit
with a labor organization or to which a secret ballot election has
already occurred under applicable federal law.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the Senate the 26th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives