Citations Affected: IC 4-15; IC 4-21.5-2-7; IC 5-14-1.5-6.5; IC 5-31;
IC 20-29.
Synopsis: Collective bargaining for public employees. Permits certain
governmental employees and noncertificated employees of school
corporations to form and join unions. Establishes a five member public
employees relations board. Establishes a procedure for the selection
and decertification of an exclusive bargaining representative.
Establishes employer and employee rights. Specifies prohibited
practices. Requires the employer to bargain collectively when an
exclusive representative has been certified. Establishes negotiation,
mediation, factfinding, and binding arbitration procedures. Establishes
mandatory subjects of negotiation. Provides that all decisions, opinions,
or awards made by an arbitrator are subject to public inspection and
copying. Provides that a proposed bargaining agreement subject to
ratification by the parties is confidential. Requires a grievance
procedure to be included in each collective bargaining agreement.
Makes strikes by certain public employees unlawful, and establishes
penalties for strikes.
Effective: July 1, 2007.
January 8, 2007, read first time and referred to Committee on Labor and Employment.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
entered into a collective bargaining agreement under IC 5-31
for complaints arising while the agreement is in force.
(b) Any regular employee may file a complaint if the employee's
status of employment is involuntarily changed or if the employee
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 the status of employment or after an
unsatisfactory condition of employment is created. Failure to initiate
the complaint procedure within this time period shall render the
complaint procedure unavailable to the employee. The following
complaint procedure shall be followed:
Step I: (1) The complaint procedure shall be initiated by a
discussion of the complaint by the employee and the employee's
immediate supervisor and, if a mutually satisfactory settlement
has not been made within two (2) consecutive working days, the
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
appointing authority.
Step III: (3) The appointing authority or the appointing authority's
designee shall hold a hearing, if necessary, and conduct whatever
investigation the appointing authority or the appointing authority's
designee considers necessary to render a decision. The appointing
authority or the appointing authority's designee must render a
decision in writing not later than ten (10) business days from the
date of the hearing, if applicable, or close of the investigation,
whichever occurs later.
(4) If the appointing authority or the appointing authority's
designee does 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 the director's designee shall
review the complaint and render a decision not later than fifteen
(15) calendar days after the director or the director's designee
receives the complaint. If the decision is not agreeable to the
employee, an appeal may be submitted by the employee in writing
to the commission not later than fifteen (15) calendar days from
the date the employee has been given notice of the action taken by
the personnel director or the director's 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 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 suspended
period.
(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.
discussion between the parties under IC 5-31 or IC 20-29-6 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
information.
(2) If a mediator is appointed, any report the mediator may file at
the conclusion of mediation is a public record open to public
inspection. confidential.
(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 open to
the public inspection as provided by IC 5-31-13-2(e) and
IC 20-29-8-13. or any other applicable statute relating to
factfinding in connection with public collective bargaining.
(4) If an arbitrator is appointed, all decisions, opinions, or
awards made by an arbitrator are subject to public inspection
and copying under IC 5-14-3-3.
(b) This section supplements and does not limit any other provision
of this chapter.
information that may be used by the employer in negotiating
a collective bargaining agreement under this article;
(3) who works in a close and continuing working relationship
with:
(A) an individual holding elective office; or
(B) individuals who represent the employer in negotiations
under this article;
(4) whose:
(A) functional responsibilities; or
(B) knowledge;
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 an assistant to the chief administrative or
executive officer of an agency; or
(C) an individual holding elected office.
Sec. 6. "Deficit financing" means expenditures that exceed
money legally available to the employer in any budget year.
Sec. 7. "Eligible political subdivision" means the following:
(1) A county, city, town, or township (as defined in IC 36-1-2)
that:
(A) has a population of less than five thousand (5,000) and
has adopted an ordinance or passed a resolution under
IC 5-31-3-2; or
(B) has a population of at least five thousand (5,000).
(2) A school corporation (as defined in IC 20-18-2-16)
regarding the school corporation's noncertificated employees
(as defined in IC 20-29-2-11).
Sec. 8. "Employee" means an individual who is employed by an
employer, unless the individual is any of the following:
(1) An intermittent, a temporary, or a 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.
(8) The chief administrative or executive officer of an agency.
employee's care.
(8) Incarceration following the conviction of a misdemeanor
or felony.
(9) Any breach of a duty in connection with the employee's
employment that is reasonably owed to the employer by an
employee.
Sec. 18. "Local public safety officer" means a:
(1) police officer; or
(2) firefighter;
employed by an eligible political subdivision.
Sec. 19. "Managerial employee" means an individual who is:
(1) engaged predominantly in executive or management
functions; or
(2) charged with the responsibility of directing the
effectuation of management policies and practices.
Sec. 20. "Mediation" means assistance by an impartial third
party to reconcile an impasse through persuasion, suggestion, and
advice.
Sec. 21. "Neutral" includes the following:
(1) Factfinder.
(2) Arbitrator.
(3) Mediator.
Sec. 22. "PERB" refers to the public employees relations board
established by IC 5-31-2-1.
Sec. 23. "State employee" means an employee of the executive
branch.
Sec. 24. "Strike" means a public employee's:
(1) refusal to report to duty;
(2) willful absence from the public employee's assigned work
area;
(3) stoppage of work; or
(4) abstinence in whole or in part from the full, faithful, and
proper performance of the public employee's duties of
employment;
in concerted action with another individual or public employee
without the lawful approval of the employer.
Sec. 25. "Supervisor" means an individual having authority in
the interest of the employer to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, direct, or discipline
another employee, or to adjust a grievance, or to recommend such
action, if, in connection with the above, the exercise of such
authority is not of merely a routine or clerical nature but requires
the use of independent judgment.
Sec. 26. "Temporary employee" means an individual who is
employed:
(1) in a position intended not to be permanent; and
(2) for not more than ninety (90) days.
Sec. 27. "University employee" means an employee of a state
educational institution (as defined in IC 20-12-0.5-1).
Chapter 2. Public Employees Relations Board
Sec. 1. The public employees relations board is established.
Sec. 2. (a) The PERB has five (5) members who are appointed
by the governor. Not more than three (3) members may be
members of the same political party.
(b) A PERB member may not:
(1) be a representative of or be employed by an employee
organization or an affiliate of an employee organization; or
(2) hold any other public office.
(c) The term of each member is four (4) years.
Sec. 3. A vacancy on the PERB shall be filled by the governor.
Sec. 4. (a) The governor shall designate a member of the PERB
to serve as the chair. The chair:
(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
chair.
(b) The chair shall give full time to the chair's duties. The chair
of the PERB may not engage in any other business, vocation, or
employment.
Sec. 5. (a) Each member of the PERB is entitled to
compensation:
(1) as fixed by the state personnel director; and
(2) subject to the approval of the budget agency.
(b) Each member of the PERB is entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
Sec. 6. A majority of the PERB members constitutes a quorum.
Sec. 7. The PERB shall do the following:
(1) Process and make determinations concerning complaints
under IC 5-31-11.
(2) Provide impasse services.
(3) Provide research services.
(4) Process and make determinations concerning bargaining
unit and representation matters under this article.
(5) Establish the qualifications of neutrals after consultation
with the designated representatives of the employer and the
exclusive bargaining representatives.
(6) Maintain a register of neutrals for use by the employer
and exclusive bargaining representatives drawn from a
nationwide pool of qualified neutrals.
(7) Enforce its own decisions and determinations according to
IC 4-21.5.
Sec. 8. (a) The PERB may do the following:
(1) Appoint staff, including attorneys who may represent the
PERB in legal proceedings subject to IC 4-15-2 who are
necessary for the performance of the PERB's duties.
However, the staff director and chief counsel for the PERB
are not subject to IC 4-15-2.
(2) Use full-time employees or establish a panel of individuals
to provide mediation services.
(3) Contract for the services of private legal counsel to
represent the PERB in legal proceedings.
(4) Contract for the services of other professionals.
(5) Designate a PERB member or other individuals as
administrative law judges.
(6) Use the services of volunteers.
(7) Issue subpoenas and subpoenas duces tecum.
(8) Hold hearings.
(9) Do all things necessary to carry out this article.
(b) The PERB shall adopt rules under IC 4-22-2 to carry out this
article.
Sec. 9. Parties negotiating collective bargaining agreements
under this article shall use the register of neutrals maintained by
the PERB unless the parties agree to use another list of neutrals. If
the PERB list is used to appoint an arbitrator, the parties shall
determine by lot which party will first delete a name from the list.
The parties shall continue by alternately deleting names until one
(1) neutral is selected.
Chapter 3. Opt In
Sec. 1. (a) An elected state officer may elect to include 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 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.
(d) Except as provided by subsection (e), an election made under
this chapter:
(1) may not be repealed; and
(2) may be amended to add employees who are subject to this
article.
(e) If an exclusive bargaining representative is decertified under
this article, an elected state officer may repeal or amend an
election made under this chapter within sixty (60) days after
decertification as that election applies to employees formerly
represented by the decertified employee organization.
Sec. 2. (a) This section applies to a county, city, town, or
township with a population of less than five thousand (5,000).
(b) The legislative body of a:
(1) county, city, or town may adopt an ordinance; or
(2) township may pass a resolution;
providing that this article applies to the county, city, town, or
township. If an ordinance is adopted or a resolution is passed
under this subsection, the county, city, town, or township is an
eligible political subdivision for purposes of this article.
(c) An ordinance adopted or a resolution passed under
subsection (b) must do the following:
(1) State that the county, city, town, or township elects to be
an eligible political subdivision for purposes of this article.
(2) Declare the employees of the county, city, town, or
township that will be subject to this article.
(d) Except as provided in subsection (e), an ordinance adopted
or a resolution passed under this section:
(1) may not be repealed; and
(2) may be amended to add employees who will be subject to
this article.
(e) If an exclusive bargaining representative is decertified under
this article, the legislative body of the county, city, town, or
township may repeal or amend the ordinance or resolution adopted
or passed under this section not more than sixty (60) days after
decertification as that ordinance or resolution applies to employees
formerly represented by the decertified employee organization.
Chapter 4. State Employee Bargaining Units
Sec. 1. This chapter applies only to state employees.
Sec. 2. (a) An employee must be included under one (1) of the
following bargaining units:
(1) Labor, trades, and crafts classes, including the following:
(A) Carpenters.
(B) Electricians.
(C) Plumbers.
(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:
(A) Typists.
(B) Secretaries.
(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.
(B) Nursing aides.
(C) Psychiatric attendants.
(D) Therapy aides.
(E) Claims takers.
(F) Assistant caseworkers.
(G) Similar classes.
(5) Regulatory, inspection, and licensure professional
employees empowered to review certain public and
commercial activities, including the following:
(A) Revenue auditors.
(B) Bank and insurance examiners.
resources.
(C) Excise police of the alcohol and tobacco commission.
(D) Gaming agents of the Indiana gaming commission.
(12) 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 16-19-4-7.
(b) Bargaining units other than those listed in subsection (a)
may be established by the PERB.
Sec. 3. The director of the state personnel department shall
determine the assignment of each state employee, based on the
state employee's job classification, to a bargaining unit under
section 2 of this chapter, unless a state employee or an employee
organization challenges the assignment.
Sec. 4. (a) If a state employee or an employee organization
challenges a determination under section 3 of this chapter by filing
a bargaining unit amendment and clarification petition under
IC 5-31-8, the assignment is void and the PERB shall determine the
appropriate assignment.
(b) In determining the appropriateness of the assignment of a
state employee to a unit in section 2 of this chapter, the PERB 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. 5. Each bargaining unit under this chapter must be
established on a statewide basis.
Chapter 5. Bargaining Unit Determination
Sec. 1. This chapter does not apply to state employees or state
employee bargaining units.
Sec. 2. (a) An employee, employer, or employee organization
may file a petition with the PERB seeking the determination of an
appropriate bargaining unit.
(b) A petition may be filed under this section even if no
representation petition is pending under IC 5-31-8. If a
representation petition is pending concerning any of the employees,
the PERB may combine the petitions.
Sec. 3. The board of trustees of each state educational institution
shall designate an individual to assign each employee of the state
educational institution to a bargaining unit based on the
employee's job classification.
Sec. 4. An employee of a state educational institution or an
employee organization may challenge a determination under
section 3 of this chapter by filing a bargaining unit amendment and
clarification petition under IC 5-31-8.
Chapter 6. Voluntary Recognition of an Employee Organization
as an Exclusive Bargaining Representative
Sec. 1. This chapter does not apply to the following:
(1) State employees.
(2) State employee bargaining units.
(3) University employees.
(4) University employee bargaining units.
Sec. 2. (a) If:
(1) an employee organization submits a written request to an
employer that states that a majority of the members of a
bargaining unit want the employee organization to be the
bargaining unit's exclusive bargaining representative; and
(2) the employer wants to recognize an employee organization
under this chapter;
the employer shall post a notice of the employee organization's
request for at least thirty (30) days in an area accessible to the
employees of the employer.
(b) If no intervening employee organization petitions the PERB
for a representation proceeding within the thirty (30) day posting
period, the employee organization is the exclusive bargaining
representative for the bargaining unit.
Sec. 3. If an intervening employee organization files a petition
for a representation proceeding within the thirty (30) day posting
period, the PERB shall direct that a representation proceeding be
held under IC 5-31-8.
Chapter 7. Historical Recognition of Employee Organization as
Exclusive Bargaining Representative
Sec. 1. This chapter does not apply to the following:
(1) State employees.
(2) State employee bargaining units.
(3) University employees.
(4) University employee bargaining units.
Sec. 2. An employee organization may request historical
recognition by submitting a petition to the PERB. The petition
must include supporting data and documentation concerning the
employee organization's previous representation of the bargaining
unit.
Sec. 3. A petition filed under section 2 of this chapter shall be
granted by the PERB only if:
(1) the PERB has given notice to the employer and to
employees affected by the petition;
(2) the employee organization before July 1, 2007:
(A) was certified after a representation proceeding as the
exclusive bargaining representative of the bargaining unit;
(B) was recognized voluntarily by an employer based on a
petition, card check, or other showing of interest; or
(C) is certified by the employer by a recognition clause in
a collective bargaining agreement; and
(3) a challenge petition is not submitted under section 4 of this
chapter within thirty (30) days after notice is given.
Sec. 4. An employee organization may challenge a historical
recognition petition by filing a decertification petition accompanied
by signatures of at least thirty percent (30%) of the members of the
bargaining unit. However, a challenge may not be filed under this
section if the historical recognition petition is supported by a valid:
(1) bargaining agreement that has been in effect for less than
two (2) years;
(2) card check or other written showing of interest completed
not more than two (2) years before the filing of the historical
recognition petition; or
(3) election held not more than two (2) years before the filing
of the historical recognition petition.
Sec. 5. If the PERB grants a decertification petition, the PERB
shall direct that a decertification proceeding be held under
IC 5-31-8.
Sec. 6. Before issuing an order certifying an employee
organization under this chapter as the exclusive bargaining
representative of a bargaining unit, the PERB shall determine the
appropriateness of the bargaining unit.
Chapter 8. Representation Proceedings
Sec. 1. The following proceedings may be held under this
chapter:
(1) Certification of an employee organization as the exclusive
bargaining representative of a bargaining unit.
(2) Decertification of an employee organization as the
exclusive bargaining representative of a bargaining unit.
(3) Decertification of an employee organization that has
petitioned for historical recognition as the exclusive
bargaining representative of a bargaining unit.
(4) Intervening employee organization challenge to an
employer's voluntary recognition of an employee organization
as the exclusive bargaining representative of a bargaining
unit.
(5) Bargaining unit amendment and clarification.
(6) Employer verification of a bargaining representative.
Sec. 2. A petition for a representation proceeding under section
1(1) through 1(3) of this chapter may be filed with the PERB by an
employee or employee organization and must include a showing of
interest of at least thirty percent (30%) of the employees within a
bargaining unit.
Sec. 3. A verification under section 1(6) of this chapter may be
filed by the employer if at least one (1) employee organization has
presented a claim to be the exclusive bargaining representative of
any of the employees of the employer.
Sec. 4. (a) The PERB shall notify interested employee
organizations of a proceeding under this chapter.
(b) The PERB shall allow on the ballot any intervening
employee organization.
Sec. 5. Within thirty (30) days after a petition is filed under this
chapter, the PERB shall issue an order determining the
appropriateness of the assignment of an employee to a bargaining
unit, if applicable, and, when appropriate, direct that an election
be held under this chapter.
Sec. 6. A bargaining unit may not include professional and
nonprofessional employees.
Sec. 7. (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 last representation proceeding if there is no
recognized exclusive representative; and
(3) may not:
(A) be held unless at least two (2) years have elapsed since
the last representation proceeding if there are an exclusive
representative and an agreement ratified by both parties;
or
(B) be held later than five (5) years after the last
proceeding unless no party petitions the PERB for a
representation proceeding or unless otherwise provided for
in a collectively bargained agreement.
cast, the PERB shall certify that employee organization as the
exclusive bargaining representative of the bargaining unit;
(2) the "no union representation" choice, if any, receives a
majority of the votes cast, the PERB shall order that the
bargaining unit will not be represented by an employee
organization; or
(3) no choice receives a majority of the votes cast, the PERB
shall order another runoff election:
(A) between the two (2) choices receiving the greatest
number of votes; or
(B) if two (2) choices receive the second greatest number of
votes, among the three (3) choices receiving the greatest
number of votes.
Chapter 9. Decertification of Employee Organization as
Exclusive Bargaining Representative
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 a decertification proceeding under IC 5-31-8:
(1) not to be represented by an exclusive bargaining
representative; or
(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.
Sec. 3. (a) The PERB shall, within thirty (30) days after a
petition is filed under section 2 of this chapter, issue an order
granting or denying the petition. If the PERB grants the petition,
the PERB shall direct that a representation proceeding be held
under IC 5-31-8.
(b) A petition submitted by an employee or employee
organization must include the signatures of at least thirty percent
(30%) of the employees within a bargaining unit who request:
(1) representation by an employee organization other than the
current exclusive bargaining representative; or
(2) no representation by any employee organization.
(c) The PERB shall notify the recognized employee organization
of a petition under this section.
Chapter 10. Employer and Employee Rights
Sec. 1. An employer has the right to do the following:
Code may not be the subject of negotiations under this article.
(c) Matters not specified in subsections (a) and (b) are
discretionary subjects of negotiation.
Sec. 5. (a) The employer and the exclusive bargaining
representative shall include their positions with respect to impasse
procedures in their respective initial bargaining positions under
section 6 of this chapter. The impasse procedures must conclude in
binding arbitration as described in IC 5-31-14, unless the exclusive
bargaining representative chooses to be free of binding arbitration
impasse resolution before bargaining begins by notifying:
(1) the PERB; and
(2) the chief negotiator or designee.
(b) Any impasse procedures agreed upon by the parties must
provide for as much public access to proceedings and records as is
provided for under IC 5-14-1.5, IC 5-14-3, IC 5-31-13, and
IC 5-31-14.
(c) If the parties fail to agree upon impasse procedures under
this section, the impasse procedures provided in IC 5-31-13
through IC 5-31-14 apply.
Sec. 6. The exclusive bargaining representative shall present the
representative's initial bargaining position to the employer at the
first bargaining session. The employer shall present the employer's
initial bargaining position to the exclusive bargaining
representative at the second bargaining session, which shall be held
not later than fourteen (14) days following the first bargaining
session.
Sec. 7. (a) A collective bargaining agreement may include a fair
share agreement. A fair share agreement under this article consists
of an agreement between the employer and an exclusive bargaining
representative under which part or all of the employees in a
bargaining unit are required to pay a share of the costs of the
following:
(1) The collective bargaining process.
(2) The collective bargaining agreement administration.
(3) Other duties of the employee organization as the exclusive
bargaining representative.
The amount paid as a fair share may not exceed the amount of dues
uniformly required of members of the collective bargaining unit.
(b) A fair share payment may not include fees for contributions
related to the election or support of any candidate for elected
office.
(c) An employee may make a voluntary political contribution in
addition to the employee's fair share payment.
Sec. 8. A collective bargaining agreement may include a
maintenance membership agreement. Maintenance of membership
consists of an agreement between the employer and exclusive
bargaining representative under which membership cannot be
dropped until the termination date of the collective bargaining
agreement.
Sec. 9. (a) Both bargaining sessions under section 6 of this
chapter are subject to IC 5-14-1.5.
(b) IC 5-14-1.5 does not apply to negotiating sessions or
mediation.
Sec. 10. A proposed bargaining agreement that is subject to
ratification by the parties is confidential.
Sec. 11. (a) This section applies only to state employees and
university employees. Notwithstanding IC 5-31-14-10, a provision
of a collective bargaining agreement is not enforceable to the
extent the agreement:
(1) is inconsistent with any appropriation by the general
assembly or any other statutory limitation on the employer's
funds, spending, or budget; or
(2) would substantially limit the performance of any statutory
duty by the employer.
(b) If funds are not appropriated to meet the total compensation
and benefit requirements of the collective bargaining agreements,
the parties to those agreements shall immediately meet and
negotiate alternative solutions designed to meet those agreements
within the limitations of the total appropriations for compensation
and benefits enacted by the general assembly.
(c) If the parties cannot agree to alternative solutions under
subsection (b), the employer may implement the agreements within
the limitations of the total appropriations for compensation and
benefits enacted by the general assembly.
Sec. 12. (a) This section does not apply to the following:
(1) State employees or state employee bargaining units.
(2) Collective bargaining agreements that result from binding
arbitration.
(b) The parties must ratify a proposed collective bargaining
pact.
Chapter 13. Mediation and Factfinding
Sec. 1. (a) If:
(1) an impasse procedures agreement has not been reached;
or
dispute. The arbitrator may consult with a party ex parte only with
the concurrence of the other party.
Sec. 6. The arbitrator shall conduct a prehearing conference and
may do the following:
(1) Determine whether the issues are ready for adjudication.
(2) Accept stipulations.
(3) Schedule hearings.
(4) Prescribe rules of conduct for the hearings.
(5) Order additional mediation.
(6) Take any other action that may aid in the disposition of the
impasse.
Sec. 7. Unless the parties reached agreement at the prehearing
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 a 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
records.
Sec. 8. In making an award, the arbitrator shall consider the
following factors in addition to any other relevant 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
classifications involved.
(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
occurred;
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
PERB.
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
bargaining agreement.
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 IC 34-57-2.
Sec. 4. The costs of arbitration under this chapter shall be
shared equally by the parties.
Sec. 5. IC 5-14-1.5 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
employer.
(b) Any employer may, in:
(1) an action at law;
(2) a suit in equity; or
(3) another proper proceeding;
take action against any employee or employee organization aiding
or abetting in a strike for redress of the unlawful act.
(c) Whenever 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 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.
Sec. 2. IC 22-6-1 does not apply to this article.
Sec. 3. IC 22-6-2 applies when in conflict with this article.
Chapter 17. Unit Determination and Selection of the Exclusive
Representative
Sec. 1. Assignment of employees to units shall be made in the
following manner:
(1) For employees under IC 5-31-1-10(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.
(2) For employees under IC 5-31-1-10(a)(2) or
IC 5-31-1-10(a)(3), by the management designee and the
exclusive bargaining representative.
Sec. 2. (a) If:
(1) the management designee and the exclusive bargaining
representative cannot agree upon employee assignment to a
unit; or
(2) an employee files a complaint to such an assigned unit with
the PERB;
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 not be
limited to the following considerations:
(1) Efficient administration of governmental operations.
(2) The existence of a community of interest among
governmental employees.
(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 PERB, but the PERB
need not follow IC 4-21.5.