2011 Indiana Code
TITLE 36. LOCAL GOVERNMENT
ARTICLE 8. PUBLIC SAFETY
CHAPTER 22. MEET AND CONFER FOR PUBLIC SAFETY EMPLOYEES

IC 36-8-22
Chapter 22. Meet and Confer for Public Safety Employees

IC 36-8-22-1
Application of chapter
Sec. 1. This chapter applies after December 31, 2007.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-2
"Employee"
Sec. 2. As used in this chapter, "employee" means a full-time employee of a police or fire department. However, the term does not include an employee in an upper level policymaking position.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-3
"Employee organization"
Sec. 3. As used in this chapter, "employee organization" means an organization:
(1) that includes employees as members; and
(2) whose primary purpose is to represent the members of the organization on issues concerning grievances, wages, rates of pay, hours of employment, conditions of employment, or becoming an exclusive recognized representative.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-4
"Employer"
Sec. 4. As used in this chapter, "employer" means a unit.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-5
"Exclusive recognized representative"
Sec. 5. As used in this chapter, "exclusive recognized representative" means an employee organization elected under section 9 of this chapter.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-6
"Strike"
Sec. 6. As used in this chapter, "strike" means a:
(1) work stoppage by two (2) or more employees to enforce compliance with demands made on an employer; or
(2) temporary stoppage of work activities by two (2) or more employees in protest against an act or condition.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-7
Exemptions; existing agreements
Sec. 7. (a) Except as provided in section 15 of this chapter, this

chapter does not apply to an employer with a population of less than seven thousand (7,000).
(b) This chapter does not apply to an employer that has adopted by:
(1) ordinance;
(2) resolution;
(3) amendment; or
(4) executive order;
provisions and procedures that permit an employee to form, join, or assist an employee organization to bargain collectively.
(c) For:
(1) a collective bargaining agreement; or
(2) a memorandum of understanding;
entered into between an employer and an employee organization or a recognized representative before January 1, 2008, this chapter may not be construed to annul, modify, or limit the agreement or memorandum during the term of the agreement or memorandum.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-8
Employee rights
Sec. 8. (a) All employees have the right to:
(1) meet and freely assemble to discuss their interests as employees on the employees' own time;
(2) form an employee organization on the employees' own time; and
(3) join and assist an employee organization.
(b) The rights guaranteed under subsection (a) include the right to:
(1) solicit membership;
(2) join an employee organization to present the view of the employee; and
(3) have dues deducted from employee wages and submitted to the exclusive recognized representative.
(c) An employee may not be required to:
(1) become a member of; or
(2) pay dues to;
an employee organization.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-9
Election of exclusive recognized representative
Sec. 9. (a) An employee organization is the exclusive recognized representative of the employees of an employer if:
(1) before January 1, 2008, the employee organization was recognized by the employer as the sole representative of the employer's employees; or
(2) after December 31, 2007, the employee organization is elected to be the exclusive recognized representative under subsection (c).
(b) After December 31, 2007, an employer shall conduct an

election to determine an exclusive recognized representative if at least thirty percent (30%) of the employees of the employer sign a petition requesting such an election. The election shall be conducted at least thirty (30) but not more than sixty (60) days after the employer receives the petition.
(c) An employee organization becomes the exclusive recognized representative of the employees of the employer if it receives more than fifty percent (50%) of the votes cast in an election conducted under subsection (b).
(d) An election under subsection (b) to determine an exclusive recognized representative may not be conducted more often than once every two (2) years.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-10
Employer rights
Sec. 10. This chapter is not intended to circumscribe or modify the existing right of an employer to:
(1) direct the work of the employer's employees;
(2) hire, promote, demote, transfer, assign, and retain employees in positions;
(3) suspend, discharge, or otherwise discipline employees for just cause;
(4) maintain the efficiency of governmental operations;
(5) relieve employees from duties because of lack of work or for other legitimate reasons; or
(6) take actions that may be necessary to carry out the mission of the employer in emergencies.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-11
Prohibited employer practices
Sec. 11. An employer may not do the following:
(1) Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed under this chapter.
(2) Dominate, interfere with, or assist in the formation or administration of an employee organization, or contribute financial or other support to an employee organization. However, an employer may permit employees to meet and confer and represent employee interests during working hours without loss of time or pay.
(3) Discriminate in regard to hiring or conditions of employment to encourage or discourage membership in an employee organization.
(4) Discharge or otherwise discriminate against an employee because the employee has filed a complaint, an affidavit, or a petition or has given information or testified under this chapter.
(5) Refuse to meet and confer in good faith with an exclusive recognized representative.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-12
Written notice by exclusive recognized representative; employer required to meet and confer
Sec. 12. (a) An exclusive recognized representative of the employees of an employer that elects to meet and confer with an employer must notify the employer in writing that the exclusive recognized representative intends to exercise its rights under this chapter.
(b) Except as provided by section 13 of this chapter, an employer who has received a written notice under subsection (a) shall meet and confer in good faith at reasonable times, including meeting in advance of the budget making process, to discuss issues and proposals regarding wages, hours of employment, and other conditions and terms of employment with the exclusive recognized representative.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-13
Employer election to meet and confer; termination of duty to meet and confer
Sec. 13. (a) An employer is not required to meet and confer with an exclusive recognized representative under this chapter unless the exclusive recognized representative has notified the employer in writing that the exclusive recognized representative elects to exercise its rights under this chapter.
(b) Notwithstanding subsection (a), an employer may elect to meet and confer and enter into an agreement under section 12 of this chapter even if the employer did not receive a written notice from an exclusive recognized representative.
(c) Notwithstanding any other provision of this chapter, an employer may elect to terminate its duty to meet and confer with an exclusive recognized representative under this chapter if:
(1) after meeting and conferring with the exclusive recognized representative under section 12 of this chapter, the employer and the exclusive recognized representative are unable to reach a written agreement under this chapter; and
(2) at least fifty percent (50%) of the members of the legislative body of the employer vote to terminate the employer's duty to meet and confer with the exclusive recognized representative under this chapter and written notice of the action of the legislative body is given to the exclusive recognized representative.
(d) An exclusive recognized representative that receives a termination notice from an employer under subsection (c)(2) must wait at least one (1) year after the date the exclusive recognized representative receives the notice to notify the employer of the exclusive recognized representative's election under subsection (a) to exercise its rights under this chapter.
As added by P.L.48-2007, SEC.1. Amended by P.L.3-2008, SEC.268.
IC 36-8-22-14
Deficit financing prohibited
Sec. 14. (a) As used in this section, "deficit financing" means making expenditures that exceed the money legally available to an employer in any budget year.
(b) An employer may not enter into an agreement under section 12 of this chapter that will place the employer in a position of deficit financing. An agreement is voidable to the extent that an employer must engage in deficit financing to comply with the agreement.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-15
No strike participation; employee discharge; loss of right of representation
Sec. 15. (a) This section applies to employees of an employer regardless of population.
(b) An employee, an employee organization, or an exclusive recognized representative may not participate in or encourage participation in a strike against an employer.
(c) An employee engaging in a strike is subject to discharge by the employer as provided in IC 36-8-3-4.
(d) An exclusive recognized representative that engages in or sanctions a strike loses the right to represent the employees for at least ten (10) years after the date of the action.
(e) An employer may not pay an employee for days the employee is engaged in a strike.
As added by P.L.48-2007, SEC.1.

IC 36-8-22-16
Maximum agreement term
Sec. 16. The term of any written agreement entered into under section 12 of this chapter may not exceed forty-eight (48) months.
As added by P.L.48-2007, SEC.1.