Citations Affected: IC 5-31.
Synopsis: State executive branch collective bargaining. Authorizes
collective bargaining for employees of the executive branch of the
state. Establishes the public employees relations board to conduct
elections and make determinations concerning exclusive bargaining
representatives and representation matters. Allows an elected state
officer to opt in to collective bargaining for the officer's employees.
Establishes 11 statewide bargaining units, and requires the director of
the state personnel department to determine each employee's
bargaining unit assignment. Provides that an employee who threatens,
encourages, or participates in a strike, slowdown, or other interruption
is subject to immediate dismissal and is ineligible for rehiring for at
least one year. Provides that an employee organization that threatens,
encourages, or participates in a strike, slowdown, or other interruption
is decertified as an exclusive bargaining representative for at least one
year. Reinstates the bargaining unit assignments, the exclusive
bargaining representatives, and settlements between the state and
employee organizations that were rescinded by Executive Order 05-14.
Effective: Upon passage.
January 12, 2006, read first time and referred to Committee on Employment and Labor.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
(A) an individual holding elective office; or
(B) individuals who represent the employer in negotiations under this article;
(A) functional responsibilities; or
concerning employee relations makes the employee's membership in an employee organization incompatible with the employee's duties; or
(5) who is a personal secretary of:
(A) the chief administrative or executive officer of an agency;
(B) a deputy or assistant to the chief administrative or executive officer of an agency; or
(C) an individual holding an elected office.
Sec. 4. "Employee" means an individual who is employed by the employer, unless the individual is any of the following:
(1) An intermittent, temporary, or student employee.
(2) A member of a board or commission.
(3) A confidential employee.
(4) A supervisor.
(5) A managerial employee.
(6) A patient or resident of a state institution.
(7) An individual in the custody of the department of correction or any law enforcement agency.
(8) The chief administrative or executive officer of an agency.
(9) An attorney whose responsibilities include providing legal advice or legal research.
(10) A physician or dentist.
(11) An administrative law judge.
(12) An individual who performs internal investigations.
(13) Teachers at state institutions whose compensation is determined under any of the following:
(A) IC 11-10-5-4.
(B) IC 12-24-3-4.
(C) IC 16-19-6-7.
Sec. 5. "Employee organization" means an organization:
(1) in which employees participate; and
(2) that exists for the purpose of dealing with the employer concerning wages, hours, settlement of grievances, and other terms and conditions of employment.
Chapter 3. Opt In
Sec. 1. (a) An elected state officer may elect to have the officer's employees to be subject to this article by submitting a written notice to the PERB.
(b) The notice must be consistent with the provisions of this article and may not include employees otherwise excluded.
(c) The notice must indicate the agencies or groups of employees for whom the officer is electing inclusion.
Chapter 4. Bargaining Units
Sec. 1. An employee must be included under one (1) of the following eleven (11) bargaining units:
(1) Labor, trades, and crafts classes, including the following:
(D) Print shop workers.
(E) Auto mechanics.
(F) Maintenance workers.
(G) Similar classes.
(2) Administrative and technical support that includes clerical and administrative nonprofessional classes, including the following:
(C) Account clerks.
(D) Computer operators.
(E) Office service personnel.
(F) Personnel who provide support services to professionals.
(G) Other nonprofessional employees who do not meet the standards of other nonprofessional units.
(3) Regulatory, inspection, and licensure nonprofessionals that include individuals who review public and commercial activities, including the following:
(A) Tax examiners.
(B) Driver's license examiners.
(C) Meat inspectors.
(D) Similar classes.
(4) Health and human services nonprofessionals, including the following:
(A) Licensed practical nurses.
institutional security employees, including the following:
(A) Correctional officers.
(B) Building guards.
(D) Motor carrier inspectors of the state police department.
(E) Similar classes.
(11) Sworn police officers, including the following:
(A) Law enforcement officers of the state police department.
(B) Conservation officers of the department of natural resources.
(C) Excise police of the alcohol and tobacco commission.
Sec. 2. The director of the state personnel department shall determine the assignment of each employee, including the employees of a state officer electing coverage under IC 5-31-3, to a bargaining unit under section 1 of this chapter based on the employee's job classification and position.
Sec. 3. In determining the appropriateness of the assignment of an employee to a unit in section 1 of this chapter, the director of the state personnel department shall consider the following:
(1) The principles of efficient administration of government, including limiting the fragmentation of government administrative authority.
(2) The existence of a community of interest among the employees assigned to the bargaining unit.
(3) The recommendations of the parties involved.
Sec. 4. Each bargaining unit under this chapter must be established on a statewide basis.
Chapter 5. Representation Proceedings
Sec. 1. The certification of an employee organization as the exclusive bargaining representative of a bargaining unit may be held under this chapter.
Sec. 2. An employee organization may file a petition for a representation proceeding with the PERB and must include a showing of interest of at least thirty percent (30%) of the employees within a bargaining unit.
Sec. 3. (a) Not more than fifteen (15) days after a determination that a valid petition has been submitted, the PERB shall notify interested employee organizations of a proceeding under this chapter.
(b) Any intervening employee organization must file a petition
of intervention with the PERB.
Sec. 4. The PERB shall, not more than thirty (30) days after the filing of a petition under this chapter, issue an order determining the appropriateness of the assignment of an employee to a bargaining unit under section 1 of this chapter, if applicable, and where appropriate, direct that an election be held under this chapter within a reasonable time as specified in the PERB's rules.
Sec. 5. (a) A representation proceeding held under this chapter:
(1) must be by secret ballot;
(2) may not be held unless at least one (1) year has elapsed since the most recent previous valid election was held for the bargaining unit; and
(3) may not be held while a bargaining agreement is in effect.
(b) The PERB and the employer shall provide employees a liberal opportunity to participate in elections held under this chapter. Mail-in ballots may be used.
(c) Absentee ballots may be used in an election under this chapter.
Sec. 6. If, as a result of an election under this chapter, an employee organization receives a majority of the votes cast, the PERB shall certify the employee organization as the exclusive bargaining representative of the bargaining unit.
Chapter 6. Collective Bargaining
Sec. 1. The certification of an employee organization as the exclusive bargaining representative of the bargaining unit continues as long as the employee organization satisfies the requirements of this article.
Sec. 2. An employee organization certified as the exclusive bargaining representative of the employees of a bargaining unit may do the following:
(1) Speak on behalf of all members of the unit.
(2) Represent the interests of all members of the unit without:
(A) discrimination; and
(B) regard to employee organization membership.
(3) Exclusively have organizational membership dues collected by the state by wage assignment under IC 22-2-6-2.
(4) Negotiate with the director of the state personnel department or the director's designee concerning the following mandatory subjects of negotiation:
(C) Working conditions.
slowdown, or other interruption or interference with the activities
of the state.
(b) It is unlawful for an employee to directly or indirectly:
(1) threaten, encourage, or participate in a strike, slowdown, or other interruption or interference with the activities of the state; or
(2) abstain, in whole or in part, from the full, faithful, and proper performance of the employee's duties of employment.
(c) Each day that an employee or employee organization violates this section constitutes a separate offense.
Sec. 2. An employee who violates section 1 of this chapter shall be immediately dismissed. An employee dismissed under this section is ineligible for rehiring with the executive branch for at least one (1) year following the dismissal.
Sec. 3. An employee organization that violates section 1 of this chapter:
(1) shall cease to be the exclusive bargaining representative of the bargaining unit and shall be decertified;
(2) may not have organizational membership dues collected on its behalf by the state; and
(3) may not submit a petition for certification as the exclusive bargaining representative of the bargaining unit until at least one (1) year has elapsed since the decertification under subdivision (1).
Sec. 4. The remedies and penalties specified by this chapter are separate and are in addition to any other legal or equitable remedy or penalty.
Chapter 9. Settlements With Employee Organization
Sec. 1. The settlements in effect between the state and the following employee organizations (before they were rescinded by Executive Order 05-14 on January 11, 2005) are reinstated on the effective date of this article and do not expire except as provided by an enactment of the general assembly:
(1) The settlement between the state and The Unity Team Local 9212/UAW/AFT, approved by Executive Order 03-44.
(2) The settlement between the state and ASCME Council 62, approved by Executive Order 03-45.
(3) The settlement between the state and Indiana Professional Law Enforcement Association, Local 1041, I.U.P.A./AFL-CIO, approved by Executive Order 4-1.
(1) the director of the state personnel department shall assign all employees (as defined in IC 5-31-1-4, as added by this act) and job descriptions to one (1) of the appropriate statewide bargaining units as required by IC 5-31-4-2, as added by this act; and
(2) the assignment of employees and job descriptions to bargaining unit categories under this SECTION may not be challenged until July 1, 2007.
(b) Notwithstanding subsection (a), the state personnel director's initial assignment of an employee or a job description to the appropriate bargaining unit is considered to be made, upon the effective date of this act, to the bargaining unit created under Executive Order 03-35 (before it was rescinded by Executive Order 05-14 on January 11, 2005) to which the employee and the job description were assigned on January 10, 2005.