2014 Indiana Code TITLE 20. EDUCATION ARTICLE 29. COLLECTIVE BARGAINING FOR TEACHERS CHAPTER 7. UNFAIR PRACTICES
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IC 20-29-7
Chapter 7. Unfair Practices
IC 20-29-7-1
Unfair practices by school employer
Sec. 1. (a) It is an unfair practice for a school employer to do any
of the following:
(1) Interfere with, restrain, or coerce school employees in the
exercise of the rights guaranteed in IC 20-29-4.
(2) Dominate, interfere, or assist in the formation or
administration of any school employee organization or
contribute financial or other support to the organization. Subject
to rules adopted by the governing body, a school employer may
permit school employees to confer with the school employer or
with any school employee organization during working hours
without loss of time or pay.
(3) Encourage or discourage membership in any school
employee organization through discrimination in regard to:
(A) hiring;
(B) tenure of employment; or
(C) any term or condition of employment.
(4) Discharge or otherwise discriminate against a school
employee because the employee has filed a complaint, affidavit,
petition, or any information or testimony under this article.
(5) Refuse to:
(A) bargain collectively; or
(B) discuss;
with an exclusive representative as required by this article.
(6) Fail or refuse to comply with any provision of this article.
(b) If:
(1) a complaint is filed that alleges an unfair practice has
occurred with respect to a subject that may be discussed under
this article; and
(2) the complaint is found to be frivolous;
the party that filed that complaint is liable for costs and attorney's
fees.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.26.
IC 20-29-7-2
Unfair practices by school employee organization
Sec. 2. It is an unfair practice for a school employee organization
or the organization's agents to do any of the following:
(1) Interfere with, restrain, or coerce:
(A) school employees in the exercise of the rights guaranteed
by this article; or
(B) a school employer in the selection of its representatives
for the purpose of bargaining collectively, discussing, or
adjusting grievances.
This subdivision does not impair the right of a school employee
organization to adopt its own rules with respect to the
acquisition or retention of membership in the school employee
organization.
(2) Cause or attempt to cause a school employer to discriminate
against an employee in violation of section 1 of this chapter.
(3) Refuse to bargain collectively with a school employer if the
school employee organization is the exclusive representative.
(4) Fail or refuse to comply with any provision of this article.
As added by P.L.1-2005, SEC.13.
IC 20-29-7-3
Right of school employer or school employee organization to bring
suit
Sec. 3. This chapter does not in any way restrict the right of a:
(1) school employer; or
(2) school employee organization;
to bring suit for specific performance or breach of performance, or
both, of a collective bargaining contract in any court having
jurisdiction.
As added by P.L.1-2005, SEC.13.
IC 20-29-7-4
Prevention of unfair practices
Sec. 4. (a) Unfair practices are remediable under this section.
(b) A school employer or a school employee who believes the
employer or employee is aggrieved by an unfair practice may file a
complaint under oath:
(1) setting out a summary of the facts involved; and
(2) specifying the section or sections of this article alleged to
have been violated.
(c) The board shall:
(1) give notice to the person or school employee organization
against whom the complaint is directed; and
(2) determine the matter raised in the complaint.
(d) Appeals may be taken under IC 4-21.5-3.
(e) A hearing examiner or agent of the board, who may be a
member of the board, may:
(1) take testimony; and
(2) make findings and conclusions.
(f) The board, but not a hearing examiner or agent of the board,
may enter the interlocutory orders, after summary hearing, the board
considers necessary in carrying out the intent of this chapter.
As added by P.L.1-2005, SEC.13.
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