HB 1540-3_ Filed 02/20/2001, 15:14
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I MOVE that House Bill 1540 be amended to read as follows:
SOURCE: Page 1, line 1; (01)MO154003.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-15-1.8-3.5; (01)MO154003.1. -->
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 3.5. There is created within the
department the office of chief negotiator. The chief negotiator is
appointed by and serves at the pleasure of the governor. The chief
negotiator may be the director. The chief negotiator is responsible
for negotiating all collective bargaining agreements of the
executive branch (as defined in
SOURCE: IC 4-15-2-35; (01)MO154003.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 35. (a) This section
does not apply to an individual who is a member of a collective
bargaining unit that has entered into a collective bargaining
agreement under IC 5-27 for complaints arising while the
agreement is in force.
Any regular employee may file a complaint if his status of
employment is involuntarily changed or if he deems conditions of
employment to be unsatisfactory. However, the complaint procedure
shall be initiated as soon as possible after the occurrence of the act or
condition complained of and in no event shall be initiated more than
thirty (30) calendar days after the employee is notified of a change in
his status of employment or after an unsatisfactory condition of
employment is created. Failure to initiate the complaint procedure
within such time period shall render the complaint procedure
unavailable to the employee. The following complaint procedure shall
Step I: (1) The complaint procedure shall be initiated by a
discussion of the complaint by the employee and his immediate
supervisor and, if a mutually satisfactory settlement has not been
made within two (2) consecutive working days, such complaint
may be referred to Step II. subdivision (2).
Step II: (2) The complaint shall be reduced to writing and
presented to the intermediate supervisor. If a mutually satisfactory
settlement has not been reached within four (4) consecutive
working days, such complaint may then be referred to the
Step III: (3) The Appointing Authority or his designated
representative shall hold such hearings and conduct such
investigations as he deems necessary to render a decision and
shall make such decision in writing within ten (10) consecutive
(4) Should the appointing authority or his designated
representative not find in favor of the employee, the complaint
may be submitted within fifteen (15) calendar days to the state
personnel director. The director or his designee shall review the
complaint and render a decision within fifteen (15) calendar days.
If the decision is not agreeable to the employee, an appeal may be
submitted by the employee in writing to the commission no later
than fifteen (15) calendar days from the date the employee has
been given notice of the action taken by the personnel director or
his designee. After submission of the appeal, the commission
shall, prior to rendering its decision, grant the appealing employee
and the appointing authority a public hearing, with the right to be
represented and to present evidence. With respect to all appeals,
the commission shall render its decision within thirty (30) days
after the date of the hearing on the appeal. If the commission finds
that the action against the employee was taken on the basis of
politics, religion, sex, age, race or because of membership in an
employee organization, the employee shall be reinstated to his
position without loss of pay. In all other cases the appointing
authority shall follow the recommendation of the commission
which may include reinstatement and payment of salary or wages
lost by the employee which may be mitigated by any wages the
employee earned from other employment during a dismissed or
(5) If the recommendation of the commission is not agreeable to
the employee, the employee, within fifteen (15) calendar days
from receipt of the commission recommendation, may elect to
submit the complaint to arbitration. The cost of arbitration shall
be shared equally by the employee and the state of Indiana. The
commissioner of labor shall prepare a list of three (3) impartial
individuals trained in labor relations, and from this list each party
shall strike one (1) name. The remaining arbitrator shall consider
the issues which were presented to the commission and shall
afford the parties a public hearing with the right to be represented
and to present evidence. The arbitrator's findings and
recommendations shall be binding on both parties and shall
immediately be instituted by the commission.
SOURCE: IC 4-21.5-2-7; (01)MO154003.3. -->
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 7. (a) This article applies to the following:
(1) The public employees relations board established by
(2) Interest arbitration under
(b) This article does not apply to grievance arbitration under
SOURCE: IC 5-14-1.5-6.5; (01)MO154003.4. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6.5. (a) Whenever
governing body, or any person authorized to act for a governing body,
meets with an employee organization, or any person authorized to act
for an employee organization, for the purpose of. there is collective
bargaining or discussion between the parties under IC 20-7.5 or
IC 5-27, the following apply:
(1) Any party may inform the public of the status of collective
bargaining or discussion as it progresses by release of factual
information and expression of opinion based upon factual
(2) If a mediator is appointed, any report the mediator may file at
the conclusion of mediation is
a public record open to public
(3) If a factfinder is appointed, any hearings the factfinder holds
must be open at all times for the purpose of permitting members
of the public to observe and record them. Any findings and
recommendations the factfinder makes are public records
public inspection subject to inspection and copying as provided
(e) or any other applicable statute relating to
factfinding in connection with public collective bargaining. and
(4) If an arbitrator is appointed, all decisions, opinions, or
awards made by an arbitrator are subject to public inspection
and copying under
(b) This section supplements and does not limit any other provision
of this chapter.".
SOURCE: Page 1, line 15; (01)MO154003.1. -->
Page 1, line 15, before "decision" insert " final and binding
Page 1, line 16, after "individual" insert " or designee
Page 3, line 8, after "subdivision" insert " as defined in section 6(1)
of this chapter
Page 3, delete lines 11 through 12.
Page 3, between lines 15 and 16, begin a new line block indented
" (17) A certificated employee of a school corporation as
defined in IC 20-7.5-1-2(f).
Page 4, line 18, delete "ten" and insert " thirty
Page 4, line 18, delete "(10%)" and insert " (30%)
Page 5, delete lines 32 through 33, begin a new paragraph and
" Sec. 4. (a) The governor shall designate a member of the PERB
to serve as the chairman. The chairman:
(1) shall serve as the full time director; and
(2) must possess educational credentials and experience in
labor relations matters as a prerequisite to designation as
(b) The chairman shall give full time to the chairman's duties.
The chairman of the PERB shall not engage in any other business,
vocation, or employment.
Page 6, between lines 14 and 15, begin a new line double block
indented and insert:
" (7) Enforce its own decisions and determinations according
to IC 4-21.5.
Page 10, delete lines 11 and 12, begin a new paragraph and insert:
" (b) Other bargaining units, other than those listed in subsection
(a) may be established by the PERB.
Page 12, line 8, delete "January 1, 1996" and insert " July 1, 2001
Page 13, delete lines 30 through 42, begin a new paragraph and
" Sec. 7. (a) A representation proceeding held under this chapter:
(1) must be by secret ballot;
(2) may not be held unless one (1) year has elapsed since the
last representation proceeding if there is no recognized
exclusive representative; and
(3) may not be held unless two (2) years have elapsed since the
last representation proceeding if there is an exclusive
representative and an agreement ratified by both parties; or
(4) if otherwise provided for in a collectively bargained
agreement, may not exceed an elapsed time of five (5) years
unless no party petitions the PERB for a representation
(b) The rules adopted by the PERB under this article must
provide for a thirty (30) day period in advance of the date fixed for
the initiation of negotiations under
during which a
decertification petition concerning employees of eligible political
subdivisions may be filed. The PERB may order a representation
proceeding based on a decertification petition filed under this
(c) The PERB and an employer shall provide employees a
liberal opportunity to participate in elections held under this
chapter. Mail-in ballots may be used if agreed to by the parties.
(d) Absentee ballots may be used in an election under this
Page 14, delete lines 1 through 9.
Page 15, delete lines 12 through 38, begin a new paragraph and
" Sec. 1. An employee organization that has been certified as the
exclusive bargaining representative of a bargaining unit shall be
decertified as the exclusive bargaining representative of the
bargaining unit under this chapter if a majority of the employees
vote in an election under
(1) not to be represented by an exclusive bargaining
(2) to be represented by a different employee organization.
Sec. 2. Petitions for decertification of an exclusive bargaining
representative may be filed by an:
(1) employee; or
(2) employee organization.".
Page 16, delete lines 8 through 14.
Page 16, line 15, delete "(d)" and insert " (c)".
Page 16, line 15, delete "interested" and insert " the recognized".
Page 16, line 15, delete "organizations" and insert "organization".
Page 16, delete lines 18 through 32, begin a new paragraph and
" Sec. 1. (a) As used in this section, "just cause", as the term
pertains to employees, includes any of the following:
(1) Falsification of an employment application to obtain
employment through subterfuge.
(2) Knowing violation of a reasonable and uniformly enforced
rule of an employer.
(3) Unsatisfactory attendance, if the employee is unable to
show good cause for the employee's absences or tardiness.
(4) Damaging the employer's property through willful
(5) Refusing to obey lawful instructions.
(6) Reporting to work under the influence of alcohol or drugs
or consuming alcohol or drugs on the employer's premises or
while operating the employer's vehicles during work hours.
(7) Conduct endangering the safety of the employee, any other
employees, clients, or others entrusted to the employee's care.
(8) Incarceration following the conviction of a misdemeanor
(9) Any breach of a duty in connection with the employee's
employment that is reasonably owed the employer by an
(b) An employer has the right to do the following:
(1) Direct the work of the employer's employees.
(2) Hire, classify, evaluate, promote, transfer, assign, and
(3) Suspend, demote, reassign, or discharge employees for just
(4) Maintain the efficiency of all governmental operations.
(5) Relieve an employee from duties because of a lack of work
(6) Determine and implement the methods, means,
assignments, and personnel by which the employer's
operations are to be conducted.
(7) Initiate, prepare, certify, and administer the employer's
(8) Exercise all other powers and duties granted to the
employer by law.".
Page 18, delete lines 22 through 23.
Page 18, line 24, delete "(8)" and insert " (7)".
Page 18, line 26, delete "(9)" and insert " (8)".
Page 19, delete lines 32 through 42, begin a new paragraph and
" Chapter 12. Collective Bargaining
Sec. 1. As used in this section, "deficit financing" means, with
respect to any budget year, expenditures that exceed money legally
available to the employer.
Sec. 2. The employer's duty to begin collective bargaining arises
when the exclusive bargaining representative submits a written
notice regarding entering into negotiations. Negotiations shall
begin within thirty (30) days of this notification unless the parties
agree mutually to an alternative arrangement.
Sec. 3. (a)The parties shall determine collective bargaining
negotiations calendar and contract duration.
(b) Contracts continue in effect until replaced by a successor
agreement ratified by the parties.
(c) During this status quo period, in order to permit the
successful resolution of the dispute, the employer may not
unilaterally change the:
(1) terms; or
of employment that are issues in dispute.
Sec. 4. The parties shall not enter into any agreement that would
place the employer in a position of deficit financing.".
Page 20, delete lines 1 through 37.
Page 21, line 13, delete "5-27-14." and insert " 5-27-14, unless the
exclusive bargaining representative chooses to be free of binding
arbitration impasse resolution before bargaining begins by
(1) the PERB; and
(2) the chief negotiator or designee.
Page 22, line12, delete "made public." and insert " confidential.
Page 23, delete lines 34 through 35, begin a new paragraph and
" Sec. 3. The compensation and expenses of any mediator or
fact-finder shall be borne by the PERB.
Page 25, delete lines 10 through 42, begin a new paragraph and
" Sec. 7. Unless the parties reached agreement at the pre-hearing
conference, the arbitrator may do the following:
(1) Hold hearings and administer oaths.
(2) Examine witnesses and documents.
(3) Take testimony and receive evidence.
(4) Issue subpoenas to compel the attendance of witnesses and
the production of records.
(5) Petition the circuit or superior court in Marion County or
the county in which a hearing is held to enforce an order
compelling the attendance of witnesses and the production of
Sec. 8. In making an award, the arbitrator shall consider, in
addition to any other relevant factors, the following factors:
(1) Past collective bargaining agreements between the parties,
including the bargaining that led up to the agreements.
(2) Comparison of wages, hours, and conditions of
employment of the employees in the bargaining unit with
those doing the same work in the public or private sector,
giving consideration to factors peculiar to the area and the
(3) The interests and welfare of the public, the ability of the
employer to finance economic adjustments, and the effect of
the adjustments on the normal standard of services.
(4) Any other factor customarily considered in the
negotiations of public sector labor agreements.
Sec. 9. (a) The arbitrator shall select, within fifteen (15) days (or
longer if agreed to by both parties) after the arbitrator's first
meeting, the most reasonable offer of:
(1) the final offers on each issue submitted by the parties; or
(2) the recommendations of the factfinder, if factfinding
on each unresolved issue.
(b) The arbitrator's selection with respect to a particular issue
may not deviate from the final offer or factfinding
recommendation, if any. The award must be accompanied by a
written opinion. The arbitrator shall deliver copies of the opinion
and the award within thirty (30) days (or longer if agreed to by
both parties) after the close of the final hearing in the matter to the
parties and the PERB.
Sec. 10. The selections by the arbitrator and the other issues
agreed upon by the employer and the employee organization shall
be the bargaining agreement between the parties. The agreement
shall be considered final and binding upon the parties.
Sec. 11. The costs of an arbitrator shall be paid by the PERB
which shall be reimbursed by the two (2) parties to the arbitration
under procedures for collection and payment established by the
Sec. 12. An arbitration award under this chapter is subject to
judicial review under IC 4-21.5.
Chapter 15. Grievance Procedure
Sec. 1. A bargaining agreement must contain a grievance
procedure culminating in binding arbitration of unresolved
disputes over the interpretation or application of the collective
Sec. 2. A binding arbitration award with respect to a grievance
may not amend, add to, or subtract from provisions of the
collective bargaining agreement or other unresolved disputes.
Sec. 3. The grievance arbitration provisions of bargaining
agreements are subject to
Sec. 4. The costs of arbitration under this chapter shall be
shared equally by the parties.
applies to grievance arbitration proceedings
under this chapter.
Chapter 16. Strikes
Sec. 1. (a) It is unlawful for an employee or employee
organization to take part in or assist in a strike against an
(b) Any employer may, in an action at law, suit in equity, or
other proper proceeding, take action against any employee or
employee organization aiding or abetting in a strike, for redress of
such unlawful act.
(c) When any employee organization, or affiliate thereof,
engages in a strike, or aids or abets therein, the employer may
petition a circuit or superior court in:
(1) the county where the violation has occurred; or
(2) Marion County;
for remedy against the employee organization. The exclusive
remedy against the employee organization, including remedy for
violations of IC 34-47, is loss of its dues deduction privilege for a
period of one (1) year.
(d) An employer shall not pay a public employee for any day
when the public employee fails as a result of a strike to report for
work as required by the employer.
does not apply to this article.
shall apply when in conflict with this article.
Chapter 17. Unit Determination and Selection of the Exclusive
Sec. 1. Assignment of employees to units shall be made in the
(1) for employees under
(a)(1), by mutual
agreement of the state personnel director and the exclusive
bargaining representative of the state employees for the job
classification of the individual employee; or
(2) for employees under
(a)(2) or IC 5-27-1-9(a)(3),
by the management designee and the exclusive bargaining
Sec. 2. (a) If:
(1) the management designee and the exclusive bargaining
representative cannot agree upon employee assignment to a
(2) an employee files a complaint to such assigned unit with
the proper assigned unit shall be determined by the PERB.
(b) The determination under subsection (a) shall be made by the
PERB after a hearing and its decision shall be based on, but shall
not be limited to, the following considerations:
(1) Efficient administration of governmental operations.
(2) The existence of a community of interest among
(3) The effects on the governmental unit and governmental
employees of fragmentation of units.
(4) Recommendations of the parties involved.
In making the determination notice shall be given to all interested
parties in accordance with the rules of the board, but the board
need not follow the provisions of IC 4-21.5.
Delete pages 26 through 31.
Page 32, delete lines 1 through 22.
Page 32, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: IC 20-7.5-1-8; (01)MO154003.6. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. The school employer
shall, on receipt of the written authorization of a school employee,
deduct from the pay of such employee any dues or assessments
designated or certified by the appropriate officer of a school employee
organization which is an exclusive representative of any employees of
the school employer and shall remit such dues to such school employee
organization; however, such deductions shall be consistent with the
SOURCE: IC 20-7.5-1-14; (01)MO154003.7. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14.
(a) It shall be unlawful for any school employee, school employee
organization, or any affiliate, including but not limited to state or
national affiliates thereof, to take part in or assist in a strike against a
school employer or school corporation.
(b) Any school corporation or school employer may, in an action at
law, suit in equity, or other proper proceeding, take action against any
school employee organization, any affiliate thereof, or any person
aiding or abetting in a strike, for redress of such unlawful act.
Where When any exclusive representative engages in a strike,
or aids or abets therein, the school employer or school corporation
may petition a circuit or superior court in:
(1) the county in which the violation has occurred; or
(2) Marion County;
for remedy against the exclusive representative. The exclusive
remedy against the exclusive representative, including remedy for
violations of IC 34-47,
it shall lose is loss of its dues deduction
privilege for a period of one (1) year.
(d) No regulation, rule or law with respect to the minimum length
of a school year shall be applicable or shall require make-up days in
any situation where schools in a school corporation are closed as a
result of a school employee strike. A school corporation shall not pay
any school employee for any day when the school employee fails as a
result of a strike to report for work as required by the school year
SOURCE: Page 32, line 27; (01)MO154003.32. -->
Page 32, line 27, delete "(a)".
Page 32, delete lines 28 through 40.
Page 32, line 41, delete "(b) Notwithstanding subsection (a), for"
and insert "For".
Page 32, line 41, delete "those".
Renumber all SECTIONS consecutively.
(Reference is to HB 1540 as reprinted February 13, 2001.)
MO154003/DI 96 2001