SB 575-1_ Filed 04/06/2011, 16:10


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

7

                                                        NO:
5

MR. SPEAKER:
    Your Committee on       Education     , to which was referred       Senate Bill 575     , 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:

    Replace the effective dates in SECTIONS 1 through 23 with "[EFFECTIVE UPON PASSAGE]".

SOURCE: Page 3, line 13; (11)AM057506.3. -->     Page 3, line 13, after "grant" insert " outside the school funding formula".
    Page 3, line 14, after "period" insert " or purpose".
    Page 3, line 17, after "grant" insert " outside the school funding formula".
    Page 3, line 18, delete "." and insert " or purpose.".
    Page 3, line 41, strike "or other".
    Page 3, line 42, strike "employment related benefits".
    Page 6, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 20-29-2-6; (11)AM057506.7. -->     "SECTION 7. IC 20-29-2-6, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON

PASSAGE]: Sec. 6. "Deficit financing" for a budget year means actual expenditures exceeding the money legally available to the employer. employer's current year actual general fund revenue.".

SOURCE: Page 6, line 3; (11)AM057506.6. -->     Page 6, delete lines 3 through 12, begin a new paragraph and insert:
SOURCE: IC 20-29-4-1; (11)AM057506.9. -->     "SECTION 9. IC 20-29-4-1, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. School employees may:
        (1) form, join, or assist school employee organizations;
        (2) participate in collective bargaining with school employers through representatives of their own choosing; and
        (3) engage in other activities, individually or in concert;
to establish, maintain, or improve salaries, wages, hours, salary and wage related fringe benefits, and other matters set forth in IC 20-29-6-4 and IC 20-29-6-5. and IC 20-29-6-7.
SOURCE: IC 20-29-4-3; (11)AM057506.2. -->     SECTION 2. IC 20-29-4-3, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. School employers have the responsibility and authority to manage and direct on behalf of the public the operations and activities of the school corporation to the full extent authorized by law, including but not limited to the following:
        (1) Direct the work of the school employer's employees.
        (2) Establish policy through procedures established in IC 20-29-6-4 and IC 20-29-6-5. and IC 20-29-6-7.
        (3) Hire, promote, demote, transfer, assign, and retain employees. through procedures established in IC 20-29-6-4, IC 20-29-6-5, and IC 20-29-6-7.
        (4) Suspend or discharge employees in accordance with applicable law through procedures established in IC 20-29-6-4, IC 20-29-6-5, and IC 20-29-6-7. under state law.
        (5) Maintain the efficiency of school operations.
        (6) Relieve employees from duties because of lack of work or other legitimate reason through procedures established in IC 20-29-6-4, IC 20-29-6-5, and IC 20-29-6-7.
        (7) Take actions necessary to carry out the mission of the public schools as provided by law.".
SOURCE: Page 6, line 19; (11)AM057506.6. -->     Page 6, line 19, after "created" insert " district wide".
    Page 6, between lines 27 and 28, begin a new paragraph and insert:
    " (c) The percentage of teacher positions the exclusive

representative may appoint to serve on a statutory or locally created school wide committee may not exceed the percentage of teachers in the school who are members of the exclusive representative. If multiplying the number of teacher positions on the committee by the percentage of teachers in the school who are members of the exclusive representative does not produce a whole number, the product must be rounded up to the nearest whole number. The percentage of positions applies to the number of teacher positions on a committee and not to the total number of positions on a committee.".
    Page 6, line 28, delete "(c)" and insert " (d)".
    Page 6, line 28, delete ":".
    Page 6, line 29, delete "(1)".
    Page 6, line 29, delete "; and".
    Page 6, delete line 30.
    Page 6, run in lines 28 through 31.
    Page 6, line 32, delete "is not a violation of the school employer's or the".
    Page 6, line 33, delete "exclusive representative's duty to discuss under this article, and".
    Page 6, line 34, delete "." and insert " as it relates to the appointment of the teacher committee members.
     (e) By September 15 of each school year, the local president or other officer or designee of the exclusive representative shall certify by affidavit to the school employer the number of teachers in each school and in the entire school corporation who are members of the exclusive representative.".
    Page 6, between lines 34 and 35, begin a new paragraph and insert:

SOURCE: IC 20-29-6-1; (11)AM057506.11. -->     "SECTION 11. IC 20-29-6-1, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. School employers and school employees shall:
        (1) have the obligation and the right to bargain collectively the items set forth in section 4 of this chapter;
        (2) have the right and obligation to discuss any item set forth in section 7 of this chapter; and
        (3) enter into a contract embodying any of the matters listed in section 4 of this chapter on which they have bargained

collectively.".

SOURCE: Page 7, line 11; (11)AM057506.7. -->     Page 7, line 11, delete "June 30, 2011," and insert " the effective date of section 4.5 of this chapter".
    Page 7, line 14, delete "June 30, 2011." and insert " the effective date of section 4.5 of this chapter.".
    Page 7, line 19, delete ", including but not limited to a reduction in the" and insert " due to a reduction in the employer's actual general fund revenue or an increase in the employer's expenditures when the expenditures exceed the employer's current year actual general fund revenue.".
    Page 7, delete lines 20 through 21.
    Page 7, line 27, after "4." insert " (a)".
    Page 7, strike line 31.
    Page 7, line 32, strike "(4)" and insert " (3)".
    Page 7, line 33, after "other" insert " vision, life, disability,".
    Page 7, between lines 34 and 35, begin a new paragraph and insert:
    " (b) Salary and wages include the amounts of pay increases available to employees under the salary scale adopted under IC 20-28-9-1, but do not include the teacher evaluation procedures and criteria, or any components of the teacher evaluation plan, rubric, or tool.".
    Page 7, line 40, delete "calendar, other than on the total number of" and insert " calendar.".
    Page 7, delete line 41.
    Page 8, between lines 10 and 11, begin a new line block indented and insert:
         (6) Any subject not expressly listed in section 4 of this chapter.".
    Page 8, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 20-29-6-5; (11)AM057506.14. -->     "SECTION 14. IC 20-29-6-5, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. A contract entered into under this chapter may contain a grievance procedure. culminating in final and binding arbitration of unresolved grievances. However, the binding arbitration has no power to amend, add to, subtract from, or supplement provisions of the contract.".
SOURCE: Page 8, line 16; (11)AM057506.8. -->     Page 8, line 16, strike "(a)".
    Page 8, line 35, delete "." and insert " , except those items required

to be kept confidential by state or federal law.
        (10) Hours.
".
    Page 8, line 36, delete "(b) For an agreement entered into before July 1, 2011,".
    Page 8, line 36, strike "items".
    Page 8, strike lines 37 through 39, begin a new paragraph and insert:

SOURCE: IC 20-29-6-8; (11)AM057506.15. -->     "SECTION 15. IC 20-29-6-8, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. The obligation to discuss does not require either party to enter into a contract, agree to a proposal, or make a concession related to the items listed in section 7 of this chapter. A failure to reach an agreement on a matter of discussion does not require allow the use of any part of the impasse procedure under IC 20-29-8.".
SOURCE: Page 8, line 42; (11)AM057506.8. -->     Page 8, line 42, strike "Collective" and insert " Formal collective".
    Page 9, line 1, strike "not later than" and insert " before August 1 in the first year of the state budget biennium. Informal negotiations may be held before August 1.".
    Page 9, line 3, delete "May 1 of the last year of the state budget".
    Page 9, delete lines 4 through 6, begin a new paragraph and insert:
SOURCE: IC 20-29-6-12.5; (11)AM057506.17. -->     "SECTION 17. IC 20-29-6-12.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12.5. Within thirty (30) days after the date of the first state ADM count date of the school year in the first year of the state budget biennium, the department shall provide the parties with a certification of general fund revenue available for bargaining. This certification must be the basis for determinations throughout impasse proceedings under this chapter.".
SOURCE: Page 9, line 9; (11)AM057506.9. -->     Page 9, line 9, after "13." insert " (a)".
    Page 9, line 11, after "of" insert " formal".
    Page 9, line 12, after "parties," insert " an impasse is declared, and".
    Page 9, line 12, reset in roman "a mediator".
    Page 9, line 12, delete "an arbitrator".
    Page 9, line 13, delete "staff" and insert " staff.".
    Page 9, line 13, strike "if either party declares an impasse".
    Page 9, line 20, delete "in the collective".
    Page 9, delete line 21, begin a new paragraph and insert:
    " (b) The mediator shall begin mediation with fifteen (15) days after the board receives notice of impasse.
    (c) The mediation must consist of not more than three (3) mediation sessions and must result in one (1) of the following:
        (1) An agreement between the parties on the items permitted to be bargained under section 4 of this chapter.
        (2) Each party's last best offer, including fiscal rationale, related to items permitted to be bargained under section 4 of this chapter.
    (d) Costs for the mediator shall be borne equally by the parties.
    (e) Mediation shall be completed within thirty (30) days.

SOURCE: IC 20-29-6-15; (11)AM057506.18. -->     SECTION 18. IC 20-29-6-15, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) If an agreement has not been reached on the items permitted to be bargained collectively under section 4 of this chapter, within fifteen (15) forty-five (45) days before the submission date of a budget by a school employer, after mediation under section 13 of this chapter has ended, the board shall initiate factfinding.
    (b) Factfinding must culminate in the factfinder imposing contract terms on the parties. The factfinder's order must be restricted to only those items permitted to be bargained and included in the collective bargaining agreement under section 4 of this chapter and must not put the employer in a position of deficit financing, as defined in IC 20-29-2-6. The factfinder's order may not impose terms beyond those proposed by the parties in their last, best offers.
    (c) Costs for the factfinder shall be borne equally by the parties.
    (d) Factfinding may not last longer than fifteen (15) days.

SOURCE: IC 20-29-6-16; (11)AM057506.19. -->     SECTION 19. IC 20-29-6-16, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) If an agreement has not been reached on the items to be bargained collectively by November 1, as provided in IC 6-1.1-17-5, fourteen (14) days before the submission date of a budget by a school employer, the parties shall continue the status quo, and the school employer may issue tentative individual contracts and prepare its budget on that basis. During this status quo period, in order to allow the successful resolution of the dispute, the school employer

may not unilaterally change the terms or conditions of employment that are issues in dispute.
     (b) During the bargaining process, the school employer shall continue under the terms of the current contract that is in effect, with no increase or increment in salary, wages, or benefits for any bargaining unit employee until a new contract is executed, unless continuation of the status quo would put the school employer in a position of deficit financing due to a reduction in the employer's actual general fund revenue or an increase in an employer's expenditures when the expenditures exceed the current year actual general fund revenue.
     (c) The only parts of the contract that must continue in status quo under this section are the items contained in the contract and listed in section 4 of this chapter.
    (b) (d) This section may not be construed as relieving the school employer or the school employee organization from the duty to bargain collectively until a mutual agreement has been reached and a contract entered as called for in this chapter.".

SOURCE: Page 10, line 12; (11)AM057506.10. -->     Page 10, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 20-29-8-5; (11)AM057506.21. -->     "SECTION 21. IC 20-29-8-5, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. The purpose of factfinding is to give a neutral advisory opinion provide a final solution on the items permitted to be bargained under IC 20-29-6-4 whenever the parties are unable by themselves, or through a mediator, to resolve a dispute.
SOURCE: IC 20-29-8-7; (11)AM057506.6. -->     SECTION 6. IC 20-29-8-7, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) When a factfinder is requested or required under IC 20-29-6, the board shall appoint a factfinder from the staff or panel established under section 6 of this chapter.
    (b) The factfinder shall make an investigation and hold hearings as the factfinder considers necessary in connection with a dispute.
    (c) The factfinder :
        (1)
may restrict the factfinder's findings to those issues that the factfinder determines significant;
        (2) must restrict the findings to the items listed in IC 20-29-6-4; and
        (3) may not impose terms beyond those proposed by the

parties in their last, best offers.
    (d) The factfinder may use evidence furnished to the factfinder by:
        (1) the parties;
        (2) the board;
        (3) the board's staff; or
        (4) any other state agency.
    (e) The factfinder shall conduct the factfinding hearing in public in a room or facility owned by the county or local unit of government located in the county in which the school employer is located, or if the school employer is located in more than one (1) county, in the county in which the greatest number of students who attend the school employer's schools reside. The public hearing may begin not earlier than October 1 in the first year of the state budget biennium and must be concluded by December 31 of the same year.
    (f) The factfinding process may not exceed fifteen (15) days from beginning to end, and not more than two (2) of those days may be used for public testimony, which may be taken at the discretion of the factfinder. During the public hearing, each party shall present fully its last, best offer, including the fiscal rationale for the offer. Only general operating funds under the state funding formula and certified by the department of education may be considered as a source of the finding for items, unless the school funding formula allows other funds to be used for certain items.

    (e) (g) The factfinder shall make a recommendation as to the settlement of the disputes over which the factfinder has jurisdiction.
    (f) (h) The factfinder shall:
        (1) make the investigation, hearing, and findings as expeditiously as the circumstances permit; and
        (2) deliver the findings to the parties and to the board.
    (g) (i) The board, after receiving the findings and recommendations, may make additional findings and recommendations to the parties based on information in:
        (1) the report; or
        (2) the board's own possession.
The board may not make any recommendations to the parties related to any items not specifically identified in IC 20-29-6-4.
    (h) (j) At any time within five (5) days after the findings and

recommendations are delivered to the board, the board may make the findings and recommendations of the factfinder and the board's additional findings and recommendations, if any, available to the public through news media and other means the board considers effective.
    (i) (k) The board shall make the findings and recommendations described in subsection (h) (j) available to the public not later than ten (10) days after the findings and recommendations are delivered to the board.

SOURCE: IC 20-29-8-8; (11)AM057506.7. -->     SECTION 7. IC 20-29-8-8, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. In conducting hearings and investigations, the factfinder is not bound by IC 4-21.5. The factfinder shall, however, consider the following factors:
        (1) Past memoranda of agreements and contracts between the parties.
        (2) Comparisons of wages and hours of the employees involved with wages of other employees working for other public agencies and private concerns doing comparable work, giving consideration to factors peculiar to the school corporation.
        (3) The public interest.
        (4) The financial impact on the school corporation and whether any settlement will cause the school corporation to engage in deficit financing as described in IC 20-29-6-3.
SOURCE: IC 20-29-8-10; (11)AM057506.8. -->     SECTION 8. IC 20-29-8-10, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. A person who has served as a mediator in a dispute between a school employer and an exclusive representative may not serve as a factfinder or an arbitrator in a dispute arising in the same school corporation within a period of five (5) years except by the mutual consent of the parties.".
SOURCE: Page 10, line 19; (11)AM057506.10. -->     Page 10, between lines 19 and 20, begin a new paragraph and insert:
SOURCE: IC 20-29-8-13; (11)AM057506.9. -->     "SECTION 9. IC 20-29-8-13, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) The investigation, hearing, and findings of the factfinder must be:
        (1) made as expeditiously as the circumstances allow; and
        (2) delivered to the parties and to the board.
    (b) The board, after receiving the findings and recommendations under subsection (a), may make additional findings and recommendations to the parties based upon information in the report or in the board's possession. The board may not make any recommendations to the parties related to any items not specifically identified in IC 20-29-6-4 and may not address items beyond those proposed by the parties in their last, best offers.
    (c) The board:
        (1) may, at any time within five (5) days; and
        (2) shall, within ten (10) days;
after receiving the findings and recommendations delivered under subsection (a), make the findings and recommendations of the factfinder and the board's additional findings and recommendations, if any, available to the public through the news media and any other means.".
SOURCE: Page 10, line 20; (11)AM057506.10. -->     Page 10, delete lines 20 through 42.
    Page 11, delete lines 1 through 24.
    Page 12, line 14, delete "IC 20-29-6-16;".
    Page 12, line 16, delete "IC 20-29-8-5;".
    Page 12, line 16, delete "IC 20-29-8-7; IC 20-29-8-8;".
    Page 12, after line 18, begin a new paragraph and insert:
SOURCE: ; (11)AM057506.28. -->     "SECTION 28. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 20-29-3-5, the current terms of the members of the Indiana education relations board are terminated effective upon passage of this act.
    (b) The governor shall obtain recommendations from the speaker of the Indiana house of representatives and the president pro tempore of the Indiana senate concerning the appointment of members to replace the members described in subsection (a). If either fails to submit recommendations to the governor within sixty (60) days after the governor's request, the governor shall make the appointments without recommendation by the speaker or president pro tempore.

     (c) The terms of the members appointed under subsection (b) must begin not later than July 1, 2011.
SOURCE: ; (11)AM057506.29. -->     SECTION 29. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 575 as reprinted February 18, 2011.)

and when so amended that said bill do pass.

__________________________________

Representative Behning


AM057506/DI 109    2011