Johnson v. Lodge #93 of the Fraternal Order of Police

Union-intervenor, Lodge #93 of the Fraternal Order of Police (FOP), appeals the district court's approval of a consent decree entered between the City of Tulsa, Oklahoma, and African-American members of Tulsa's police department. The consent decree is the negotiated settlement of plaintiffs' race discrimination action against the City. Among other things, the consent decree requires the Tulsa Police Department (TPD) to adopt and implement certain race-neutral policies and procedures, and provides for the district court's continuing supervisory authority over its implementation for a period of at least five years. The decree applies to all Tulsa police officers and is currently binding on all parties. FOP argues that the consent decree violates its negotiated rights with the City under a collective bargaining agreement (CBA) that has been annually renewed since its inception. On appeal, we must decide (1) whether entry of the consent decree conflicts either with FOP's rights under the Oklahoma Fire and Police Arbitration Act, Okla. Stat. tit. 11, § 51-101 et seq. (2001), or FOP's collective bargaining agreement with the City of Tulsa, (2) whether FOP is entitled to a trial on the merits of the racial discrimination claim since FOP argues the consent decree adversely affects its legal rights as a third-party intervenor, and (3) whether the consent decree violates principles of federalism. In a comprehensive 122-page order, the district court resolved these three issues in favor of the City and approved the consent decree.