fairly and impartially determining the validity of employee appeals. No
member of the commission shall be a member of any local, state, or
national committee of a political party or an officer in any partisan
political club or organization, or shall hold or be a candidate for, any
elective public office, and upon acceptance of any such appointment or
upon any such candidacy, the term of a member of the commission
shall expire. Upon the acceptance of any other remunerative
appointment to public office, the term of a member shall expire.
necessary to carry out properly its function and powers.
(6) To meet and exercise its powers at any place in Indiana.
(7) To conduct a proceeding, a hearing, an investigation, an
inquiry, or an election necessary to the performance of its
functions at any place in Indiana. The commission may
designate one (1) of its members or an agent as a hearing
examiner for any purpose of the duties of this subdivision. The
commission may use voluntary and uncompensated services
as needed.
(8) To appoint staff and attorneys as necessary for the proper
performance of its duties. The attorneys appointed under this
section may appear for and represent the commission in court
at the direction of the commission.
(9) To pay the reasonable and necessary traveling and other
expenses of:
(A) an employee;
(B) a member; or
(C) an agent;
of the commission.
(10) To:
(A) issue subpoenas for the:
(1) appearance of witnesses; and
(2) production of books, papers, records, and documents
that may be needed as evidence;
in a matter under inquiry; and
(B) administer oaths and affirmations.
In a case of neglect or refusal to obey a subpoena issued to a
person, the circuit or superior court of the county in which the
investigation or the public hearing is taking place, upon
application by the commission, shall issue an order requiring
the person to appear before the commission and produce
evidence about the matter under investigation. A failure to
obey the order may be punished by the court as contempt. A
subpoena, a notice of hearing, or another process of the
commission shall be served in the manner prescribed by the
Indiana Rules of Trial Procedure.
(11) To:
(A) publish; and
(B) report in full;
an opinion in a case decided by the commission.
(12) To issue an interlocutory or final order as considered
appropriate in the administration of:
(A) IC 4-15-2-35; and
(B) IC 20-7.5-1.
(13) To issue an annual report to the governor.
(14) To record a proceeding before:
designated representative shall hold such hearings and conduct such
investigations as he the appointing authority deems necessary to
come to a mutually satisfactory settlement or render a decision and
shall make such a decision in writing within ten (10) consecutive
working days.
Should After ten (10) consecutive working days, if:
(1) the appointing authority or his the appointing authority's
designated representative has not find found 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,
(2) a settlement has not been reached; or
(3) a decision has not been made by the appointing authority
or designated representative of the appointing authority;
notice must be given to the employee by the appointing authority
of the status of the complaint. Upon receipt of the notice by the
employee, an appeal may then be submitted referred by the employee
in writing to the commission no later than fifteen (15) calendar
consecutive working 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 the employee's position without loss of pay. In all
other cases the appointing authority shall follow the recommendation
decision 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 suspended period. Final orders of the
commission are mandatory and not appealable except as provided
under IC 4-15-2-35.
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, decision, may elect to submit the
complaint to arbitration. The cost of arbitration shall be shared equally
by the employer and 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. or the
employee's representative. If the employee elects to submit the
complaint to arbitration, an arbitrator must be selected from:
(1) the American Arbitration Association; or
(2) the Federal Mediation and Conciliation Service, if an
arbitrator is not available from the American Arbitration
Association;
according to selection procedures established by the arbitrator's
association or service. The decision of the arbitrator is final and
binding, subject to the Uniform Arbitration Act.
(b) An employee who files a complaint under subsection (a) may
choose a representative who is inside or outside the employee's
agency or facility to represent the employee throughout the
complaint procedure.".
U.S.C. 1395 et seq. or, in the case of a surviving spouse, the
surviving spouse is not eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395 et seq.; and
(3) has at least ten (10) years of service credit as a member in the
general assembly.
A former member or surviving spouse of a former member who obtains
insurance under this section is responsible for paying both the employer
and the employee share of the cost of the coverage.
(f) The group health insurance program required under subsections
(b) through (e) and subsection (k) must be equal to that offered active
employees. The retired employee may participate in the group health
insurance program if the retired employee pays an amount equal to the
employer's and the employee's premium for the group health insurance
for an active employee and if the retired employee within ninety (90)
days after the employee's retirement date files a written request for
insurance coverage with the employer. However, the employer may
elect to pay any part of the retired employee's premium with respect to
insurance coverage under this chapter.
(g) Except as provided in subsection (j), a retired employee's
eligibility to continue insurance under this section ends when the
employee becomes eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq., or when the employer terminates the health
insurance program. A retired employee who is eligible for insurance
coverage under this section may elect to have the employee's spouse
covered under the health insurance program at the time the employee
retires. If a retired employee's spouse pays the amount the retired
employee would have been required to pay for coverage selected by the
spouse, the spouse's subsequent eligibility to continue insurance under
this section is not affected by the death of the retired employee. The
surviving spouse's eligibility ends on the earliest of the following:
(1) When the spouse becomes eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395 et seq.
(2) When the employer terminates the health insurance program.
(3) Two (2) years after the date of the employee's death.
(4) The date of the spouse's remarriage.
(h) This subsection does not apply to an employee who is entitled to
group insurance coverage under IC 20-6.1-6-1(c). An employee who is
on leave without pay is entitled to participate for ninety (90) days in
any health insurance program maintained by the employer for active
employees if the employee pays an amount equal to the total of the
employer's and the employee's premiums for the insurance.
(i) An employer may provide group health insurance for retired
employees or their spouses not covered by this section and may provide
group health insurance that contains provisions more favorable to
retired employees and their spouses than required by this section. A
public employer may provide group health insurance to an employee
who is on leave without pay for a longer period than required by
subsection (h).
(j) An employer may elect to permit former employees and their
spouses, including surviving spouses, to continue to participate in a
group health insurance program under this chapter after the former
employee (who is otherwise qualified under this chapter to participate
in a group insurance program) or spouse has become eligible for
Medicare coverage as prescribed by 42 U.S.C.A. U.S.C. 1395 et seq.
An employer who makes an election under this section may require a
person who continues coverage under this subsection to participate in
a retiree health benefit plan developed under section 8.3 of this chapter.
(k) The state shall provide a group health insurance program to
each retired employee:
(1) who was employed as a teacher in a state institution under:
(A) IC 11-10-5;
(B) IC 12-24-3;
(C) IC 16-33-3;
(D) IC 16-33-4;
(E) IC 20-15; or
(F) IC 20-16;
(2) who is at least fifty-five (55) years of age on or before the
employee's retirement date;
(3) who is not eligible for Medicare coverage as prescribed by
42 U.S.C. 1395 et seq.; and
(4) who:
(A) has at least fifteen (15) years of service credit as a
participant in the retirement fund of which the employee
is a member on or before the employee's retirement date;
or
(B) completes at least ten (10) years of service credit as a
participant in the retirement fund of which the employee
is a member immediately before the employee's
retirement.".
organization incompatible with the employee's official duties.
(j) "Employees performing security work" means any school
employee whose primary responsibility is the protection of personal
and real property owned or leased by the school corporation or who
performs police or quasi-police powers.
(k) "School employee organization" means any organization which
has school employees as members and one (1) of whose primary
purposes is representing school employees in dealing with their school
employer, and includes any person or persons authorized to act on
behalf of such organizations.
(l) "Exclusive representative" means the school employee
organization which has been certified for the purposes of this chapter
by the board or recognized by a school employer as the exclusive
representative of the employees in an appropriate unit as provided in
section 10 of this chapter, or the person or persons duly authorized to
act on behalf of such representative.
(m) "Board" means refers to the Indiana education employment
relations board provided by this chapter. state employees and
educators appeals commission created by IC 4-15-1.5-1.
(n) "Bargain collectively" means the performance of the mutual
obligation of the school employer and the exclusive representative to
meet at reasonable times to negotiate in good faith with respect to items
enumerated in section 4 of this chapter and to execute a written contract
incorporating any agreement relating to such matters. Such obligation
shall not include the final approval of any contract concerning these or
any other items. Agreements reached through collective bargaining are
binding as a contract only if ratified by the governing body of the
school corporation and the exclusive representative. The obligation to
bargain collectively does not require the school employer or the
exclusive representative to agree to a proposal of the other or to make
a concession to the other.
(o) "Discuss" means the performance of the mutual obligation of the
school corporation through its superintendent and the exclusive
representative to meet at reasonable times to discuss, to provide
meaningful input, to exchange points of view, with respect to items
enumerated in section 5 of this chapter. This obligation shall not,
however, require either party to enter into a contract, to agree to a
proposal, or to require the making of a concession. A failure to reach an
agreement on any matter of discussion shall not require the use of any
part of the impasse procedure, as provided in section 13 of this chapter.
Neither the obligation to bargain collectively nor to discuss any matter
shall prevent any school employee from petitioning the school
employer, the governing body, or the superintendent for a redress of the
employee's grievances either individually or through the exclusive
representative, nor shall either such obligation prevent the school
employer or the superintendent from conferring with any citizen,
taxpayer, student, school employee, or other person considering the
operation of the schools and the school corporation.
(p) "Strike" means concerted failure to report for duty, willful
absence from one's position, stoppage of work, or abstinence in whole
or in part from the full, faithful, and proper performance of the duties
of employment, without the lawful approval of the school employer, or
in any concerted manner interfering with the operation of the school
employer for any purpose.
(q) "Deficit financing" with respect to any budget year shall mean
expenditures in excess of money legally available to the employer.