Your Committee on Labor and Employment , to which was referred House Bill 1220 , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:
of an employer (through the employer's executive or the
executive's designee) and of the designee of the exclusive
representative to do the following:
(1) Meet at reasonable times, including meetings in advance of the budget making process.
(2) Negotiate in good faith concerning the following:
(D) Salary and wage related benefits.
(E) All other terms and conditions of employment, including health and safety conditions.
(3) Execute a written contract incorporating an agreement if a written contract is requested by either party.
Sec. 3. "Bargaining unit" means the full-time employees or members of:
(1) a police department (as defined in IC 36-8-1-9);
(2) a fire department (as defined in IC 36-8-1-8); or
(3) a state agency (as defined in IC 4-15-1.8-1).
Subdivisions 1 and 2 do not include a person in an upper level policymaking position (as defined in IC 36-8-1-12), except a person in an upper level policymaking position included in an agreement in effect on July 1, 2002.
Sec. 4. "Board" refers to the Indiana education employment relations board created by IC 20-7.5-1-9.
Sec. 5. "Complainant" means an employer, employee, employee organization, or exclusive representative that files a complaint with the board under IC 22-6.5-3.
Sec. 6. "Employee" means a person who is a member of a bargaining unit.
Sec. 7. "Employee organization" means an organization in which employees participate and that exists to deal with an employer concerning any of the following:
(2) Labor disputes.
(4) Rates of pay.
(5) Hours of employment.
majority of employees in the bargaining unit.
Sec. 7. If the board has reasonable cause to believe that a question of representation exists, the board shall conduct a hearing within thirty (30) days after a petition is filed with the board. If the board finds upon the record of the hearing that a question of representation exists, the board shall do the following:
(1) Direct an election by secret ballot within thirty (30) days after the hearing.
(2) Certify the results within ten (10) days after the election.
Sec. 8. If the parties referred to in section 6 of this chapter waive the hearing, the board is not required to conduct a hearing under section 7 of this chapter before a consent election.
Sec. 9. The board shall determine who is eligible to vote in an election directed under section 7 of this chapter and shall establish rules governing the election, subject to the following conditions:
(1) To be placed on the ballot, an employee organization must be designated by more than ten percent (10%) of the employees in the unit.
(2) If none of the choices on the ballot receives a majority in an election but a majority of all votes cast are for representation by some employee organization, the board shall conduct a runoff election.
(3) An employee organization that receives the majority of the votes cast in an election shall be certified by the board as the exclusive representative.
Sec. 10. An election may not be directed in a bargaining unit or in a subdivision of a bargaining unit within which a valid election has been held in the preceding twelve (12) months.
Sec. 11. Notwithstanding sections 6 through 10 of this chapter, an employer shall recognize a particular employee organization as the exclusive representative of the employees within an appropriate bargaining unit if the employee organization presents to the employer evidence that the employee organization represents a majority of the employees within the bargaining unit, unless an employee organization or a group of employees representing employees within the bargaining unit files a written objection to recognition with the employer or the board.
Sec. 12. If:
(1) an employee organization, under section 11 of this chapter, provides an employer with evidence that the employee organization represents a majority of the employees within an appropriate bargaining unit; and
(2) no written objection to the recognition of the employee organization as the exclusive representative of the employees within the bargaining unit is filed under section 11 of this chapter by another employee organization or a group of employees representing the employees within the bargaining unit;
the board is not required to hold a hearing or to direct an election on the question of whether the employee organization referred to in subdivision (1) shall be recognized as the exclusive representative of the employees within the bargaining unit.
Sec. 13. Before recognizing an employee organization as an exclusive representative under section 11 of this chapter, the employer must post a written public notice of the employer's intention to recognize the employee organization as the exclusive representative of the employees within the bargaining unit. The notice must be posted in a place where it will be seen by the employees within the bargaining unit for at least thirty (30) days immediately preceding the recognition.
Sec. 14. In a case in which:
(1) there is a historical pattern of recognition; and
(2) the employer has recognized an employee organization as the sole and exclusive bargaining agent for an existing bargaining unit;
the board shall find that the employees in the bargaining unit are represented by that employee organization and recognize the employee organization as the exclusive representative.
Sec. 15. A determination made under this chapter that an employee organization has been chosen as the exclusive representative by a majority of the employees in an appropriate bargaining unit is subject to judicial review under the same procedure, time limits, and other requirements as are set forth in IC 22-6.5-3-13 though IC 22-6.5-3-23 for review of an order of the board. The record of the board's determination of the appropriate bargaining unit and the exclusive representative may be a part of
the transcript of a proceeding under this section.
Sec. 16. An employer, upon receipt of a written authorization from an employee subject to this chapter, shall:
(1) deduct from the pay of the employee the dues, fees, or assessments designated or certified by the appropriate officer of an employee organization; and
(2) remit those amounts to the employee organization.
Sec. 17. A collective bargaining agreement with an employee organization that is recognized as an exclusive representative under this chapter may include a provision requiring an employee who is covered by the collective bargaining agreement but is not a member of the employee organization to pay a proportionate share of the costs of the collective bargaining process, contract administration, and matters affecting wages, hours, and conditions of employment. This proportionate share may not exceed the amount of dues uniformly required of members of the employee organization.
Sec. 18. An employee organization referred to in section 17 of this chapter shall certify to an employer the amount constituting each nonmember employee's proportionate share. The employer shall deduct the proportionate share payment from the earnings of a nonmember employee and pay the amount to the employee organization.
Sec. 19. Only the exclusive representative of the employees within a bargaining unit may negotiate provisions in a collective bargaining agreement providing for the payroll deduction of any of the following:
(1) Labor organization dues.
(2) Fair share payment.
(3) Initiation fees.
Sec. 20. Except as provided in sections 17 and 18 of this chapter, deductions may be made only upon an employee's written authorization and shall be continued until:
(1) revoked in writing; or
(2) the termination date of the applicable collective bargaining agreement.
Sec. 21. A collective bargaining agreement providing for an
employee who is not a member of the employee organization
recognized as the exclusive representative to pay a proportionate
share agreement must safeguard the right of nonassociation based
upon bona fide religious tenets of an employee. An affected
employee may be required to pay an amount equal to the
employee's proportionate share, determined under a lawful
proportionate share agreement, to a nonreligious charitable
organization agreed upon by the employee and the exclusive
representative to which the employee would otherwise pay the
Sec. 22. If an affected employee referred to in section 21 of this chapter and the exclusive representative are unable to agree on a payment under section 21 of this chapter, the board may establish an approved list of charitable organizations to which the payments may be made.
Sec. 23. It is an unfair labor practice for an employer to do any of the following:
(1) Interfere with, restrain, or coerce an employee in the exercise of the rights guaranteed in this chapter or IC 22-6.5-3 through IC 22-6.5-5.
(2) Dominate, interfere, or assist in the formation or administration of an employee organization, or contribute financial or other support to an employee organization.
(3) Discriminate in regard to:
(A) hiring practices;
(B) tenure of employment; or
(C) a term or condition of employment;
to encourage or discourage membership in an employee organization.
(4) Discharge or otherwise discriminate against an employee because that employee has:
(A) filed a complaint, an affidavit, or a petition; or
(B) given information or testimony under this chapter or
(5) Refuse to bargain collectively in good faith with an exclusive representative concerning the following:
(B) Rates of pay.
is served on the respondent.
(b) A notice of a hearing may not be issued based upon an alleged unfair labor practice occurring more than ninety (90) days before the filing of the complaint, unless the complainant was prevented from filing the complaint because of service in the armed forces. In that event, the complaint must be filed not more than ninety (90) days after the complainant's discharge from the armed forces.
Sec. 4. (a) A complaint may be amended by the complainant at any time before the issuance of an order by the board if the respondent would not be unfairly prejudiced by the amendment.
(b) The respondent shall file an answer to the original or amended complaint. The complainant and the respondent are parties and are entitled to appear in person or otherwise give testimony at the hearing. At the discretion of the board, an interested person may be allowed to intervene in the hearing and present testimony.
Sec. 5. The board is not bound by the rules of evidence in conducting a hearing under this chapter. Testimony received at a hearing shall be reduced to writing and filed with the board. After receiving the testimony, the board may take further testimony or hear arguments upon notice to the parties.
Sec. 6. (a) In a proceeding on a complaint under this chapter, the board shall make a determination based on the preponderance of evidence received.
(b) If the board determines that the respondent was or is engaged in an unfair labor practice, the board shall state the findings of fact and serve on the respondent an order requiring that the respondent cease the unfair labor practice and take affirmative actions, including reinstatement of an employee with or without back pay, to carry out this chapter, IC 22-6.5-2, IC 22-6.5-4, or IC 22-6.5-5. The order may further require that the respondent make reports showing the extent of the respondent's compliance with the order.
Sec. 7. If the board determines that a respondent:
(1) did not engage in; or
(2) is not engaging in;
an unfair labor practice, the board shall state the findings of fact
and dismiss the complaint.
Sec. 8. A hearing may be conducted by:
(1) a member of the board; or
(2) a hearing examiner or an agency designated by the board;
instead of by the full board. However, after the hearing, the member, hearing examiner, or agency shall serve on the parties and file with the board proposed findings and a recommended order.
Sec. 9. If an exception is not filed by a party:
(1) within twenty (20) days after service on the parties; or
(2) within a period authorized by the board;
the recommended order filed under section 8 of this chapter becomes the order of the board.
Sec. 10. If an exception to a recommended order filed under section 8 of this chapter is filed, the board shall grant review if the board determines that the exception raises a substantial issue of fact or law.
Sec. 11. If the board determines that an exception to a recommended order filed under section 8 of this chapter does not raise a substantial issue of fact or law, the recommended order becomes the order of the board.
Sec. 12. An order of the board under sections 8 through 11 of this chapter is a final order and binding on the parties to the complaint, subject to judicial review under sections 13 through 23 of this chapter.
Sec. 13. Not later than thirty (30) days after service of the board's order on the complainant and respondent under:
(1) IC 22-6.5-2-6 through IC 22-6.5-2-15; or
(2) sections 1 through 11 of this chapter;
the board or the complainant may petition the circuit or superior court of a county in which the unit is located for an employee of a unit, and for an employee of the state in the county in which the employee is employed for the enforcement of the board's order and for appropriate relief.
Sec. 14. A party aggrieved by the board's order may petition the court for a review of the order and for appropriate relief. If a petition is not filed within the thirty (30) day period allowed by section 13 of this chapter, the order may not be reviewed. The
board shall then file a petition with the court to enforce the order.
Sec. 15. The commencement of proceedings after the filing of a petition under section 14 of this chapter does not, unless specifically ordered by the court, operate as a stay of the board's order.
Sec. 16. After a petition is filed under section 14 of this chapter, the court shall have notice of the petition served upon the parties and send a copy to the board. If the plaintiff is an employee under IC 22-6.5-1-3(3), the notice shall be served upon the attorney general as provided in IC 4-6-2-1, who shall defend the action.
Sec. 17. In a proceeding on a petition filed under section 14 of this chapter, an objection that was not made at the hearing conducted under section 8 of this chapter may not be considered by the court, unless the failure to make the objection is excused because of extraordinary circumstances.
Sec. 18. If either party to a petition filed under section 14 of this chapter applies to the court for leave to introduce additional evidence and shows to the satisfaction of the court that:
(1) the additional evidence is material; and
(2) there were reasonable grounds for the failure to introduce the evidence in the hearing conducted under section 8 of this chapter;
the court may order the additional evidence to be taken by the board and made a part of the record.
Sec. 19. After a court, under section 18 of this chapter, orders the board to make additional evidence a part of the record, the board:
(1) may modify the findings of fact by reason of the additional evidence; and
(2) shall file any modified findings and any recommendations for a modification or setting aside of the original order with the court.
Sec. 20. A party who petitions a court for review of an order of the board under section 14 of this chapter must file a record of the hearing, certified by the board, with the court. Until a record of the hearing is filed, the board may, at any time upon reasonable notice, modify or set aside all or part of a finding or an order made or issued by the board.
begins under section 6 of this chapter, either party may:
(1) notify the board of the inability to reach an agreement; and
(2) ask the board for mediation to begin.
Sec. 8. The board shall make a mediator available to the parties at the board's expense within seven (7) days after the board is notified under section 7 of this chapter.
Sec. 9. The mediator provided under section 8 of this chapter shall communicate with both the employer and the exclusive representative and aid the employer and exclusive representative in making a settlement so that the parties may enter into a contract.
Sec. 10. If a dispute has not been resolved, twenty-one (21) days after either party makes a request for mediation under section 7 of this chapter the employer or exclusive representative shall submit a written request for arbitration to the board.
Sec. 11. Not later than ten (10) days after a request for arbitration must be filed under section 10 of this chapter, the employer and the exclusive representative shall each select a member to a panel of arbitration. The employer and exclusive representative shall advise each other and the board of the selections.
Sec. 12. Not later than seven (7) days after the request of either party for arbitration is submitted to the board under section 10 of this chapter, the board shall select from the permanent staff of fact finders or panel of part time fact finders established under IC 20-7.5-1-13 five (5) persons as nominees to serve as impartial arbitrators on the arbitration panel. Not later than five (5) days after the selection, the parties shall each alternately strike the names of two (2) of the nominees, with the first person to request arbitration under section 10 of this chapter striking first.
Sec. 13. The member remaining after the striking process under section 12 of this chapter and the members selected by the employer and the exclusive representative constitute the panel. The panel member not struck under section 12 of this chapter is the chairperson of the arbitration panel.
Sec. 14. The chairperson of the arbitration panel shall schedule a hearing to begin not later than fifteen (15) days after the panel's
membership is selected and shall give reasonable notice of the date,
time, and place of the hearing to the parties. The hearing shall be
held at a location the board considers appropriate. The
chairperson shall preside over the hearing and take testimony.
Sec. 15. Oral or documentary evidence and other data considered relevant by the arbitration panel may be received in evidence at an arbitration hearing held under this chapter. The hearing shall be informal and the rules of evidence do not apply. A verbatim record of the hearing must be made. The arbitrator shall arrange for the necessary recording service. Transcripts may be ordered at the expense of the party ordering the transcripts, but the transcripts are not necessary for a decision by the arbitration panel.
Sec. 16. If a member of an arbitration panel assembled under this chapter is a public officer or employee, the public officer or employee continues on the payroll of the employer without loss of pay.
Sec. 17. A hearing conducted by an arbitration panel under this chapter may be adjourned periodically but, unless otherwise agreed to by the parties, must be concluded not later than thirty (30) days after the date of commencement. Arbitration proceedings under this chapter may not be interrupted or terminated by an unfair labor practice charge filed by either party at any time.
Sec. 18. An arbitration panel may do the following:
(1) Administer oaths.
(2) Require the attendance of witnesses and the production of evidence considered material to a just determination of an issue in dispute.
Sec. 19. An arbitration panel may issue a subpoena under section 18 of this chapter.
Sec. 20. If:
(1) a person refuses to obey a subpoena or to be sworn or to testify; or
(2) a witness, a party, or an attorney is guilty of contempt at a hearing;
the arbitration panel may request the circuit or superior court where the hearing is held to issue an order.
Sec. 21. The failure to obey an order issued at the request of an
arbitration panel under section 20 of this chapter may be punished
by the court as contempt.
Sec. 22. Before an award is made, the chairperson of an arbitration panel may remand the dispute to the parties for further collective bargaining for a period not to exceed two (2) weeks. If the dispute is remanded, the time provisions of this chapter are extended for a period equal to that of the remand. The chairperson of the arbitration panel shall notify the board of a remand under this section.
Sec. 23. Not later than the conclusion of a hearing held under section 14 of this chapter, the arbitration panel shall identify the economic issues in dispute and direct each party to submit to the arbitration panel and to each other, within the time limit the panel prescribes, each party's last offer of settlement on each economic issue. The determination of an arbitration panel is conclusive concerning the identification of issues in dispute and issues that are economic.
Sec. 24. (a) The arbitration panel shall make written findings of fact and adopt a written opinion not later than the end of:
(1) thirty (30) days after the conclusion of a hearing; or
(2) any further additional periods to which the parties agree.
(b) The arbitration panel shall mail a copy of the opinion to the parties, the representatives of the parties, and the board.
Sec. 25. (a) As to economic issues, the arbitration panel shall, on an issue by issue basis, adopt the last offer of settlement that, in the opinion of the arbitration panel, more nearly complies with the applicable factors prescribed in section 26 of this chapter.
(b) The findings, opinions, and order as to all other issues must also be based upon the applicable factors prescribed in section 26 of this chapter.
Sec. 26. If there is no agreement between the parties, or if there is an agreement but the parties have begun negotiations or discussions for a new agreement or an amendment of the existing agreement, and wage rates or other conditions of employment under the proposed new or amended agreement are in dispute, the arbitration panel shall base its findings, opinions, and order upon the following factors:
(1) The lawful authority of the employer.
the cost of procedures under this chapter as determined by the
board shall be paid equally by the parties. The board shall
establish a complete procedure for the collection and payment of
Sec. 45. After the exhaustion of an arbitration mandated by this chapter or procedures mandated by a collective bargaining agreement, a civil action for the violation of an agreement between an employer and a labor organization representing employees may be brought by either party to the agreement in the circuit or superior court of a county in which:
(1) the employer transacts business; or
(2) the employer's principal office is located.
Chapter 5. Collective Bargaining for State and Public Safety Employees: Miscellaneous Provisions
Sec. 1. This chapter applies to state and all units (as defined in IC 36-1-2-23).
Sec. 2. If this chapter or IC 22-6.5-2 through IC 22-6.5-4 conflicts with an Indiana statute, rule, or executive order relating to wages, hours, and conditions of employment and employment relations, this chapter or IC 22-6.5-2 through IC 22-6.5-4 prevails.
Sec. 3. For purposes of IC 36-1-3-6, this chapter and IC 22-6.5-2 through IC 22-6.5-4 provide the exclusive manner for a unit to exercise the power to bargain collectively with the unit's police and fire department employees.
Sec. 4. An employee or exclusive representative may not participate in a strike against an employer.
Sec. 5. An employee engaging in a strike is subject to discharge by the employer, as provided for members of police and fire departments of towns and townships in IC 36-8-3-4.
Sec. 6. An exclusive representative that engages in or sanctions a strike loses the right to represent the employees for one (1) year after the date of the action.
Sec. 7. An employer may not pay an employee for days during which the employee was engaged in a strike.".
and when so amended that said bill do pass.