2019 Indiana Code
Title 20. Education
Article 29. Collective Bargaining for Teachers
Chapter 6. Collective Bargaining
20-29-6-6.1. Review of collective bargaining agreement
Sec. 6.1. (a) After ratification of a contract under section 6 of this chapter, a school employer shall submit the ratified collective bargaining agreement, including the compensation model developed under IC 20-28-9-1.5, to the board.
(b) The board shall appoint a staff member or an ad hoc panel member to review each submitted collective bargaining agreement and to make a written recommendation concerning the collective bargaining agreement's compliance with this chapter, including a penalty for any noncompliance. The review must be completed before May 31 of the year in which the current collective bargaining agreement expires.
(c) Not later than fifteen (15) days after a recommendation has been made under subsection (b), one (1) or both parties to a collective bargaining agreement may appeal to the board, in writing, the decision made in the recommendation. If the board does not receive an appeal not later than fifteen (15) days after issuing a recommendation, the recommendation becomes the final order of the board.
(d) If the board receives a timely appeal, the board may make a decision on the recommendation with or without oral argument. The board may request that the parties submit briefs. The board must issue a ruling on the appeal not later than thirty (30) days after the last of the following occurs:
(1) The appeal is received.
(2) Briefs are received.
(3) Oral arguments are held.
(e) IC 4-21.5 does not apply to a review under subsection (b) or (d).
(f) If, following the review of a collective bargaining agreement, the board finds the collective bargaining agreement does not comply with this chapter, the board shall issue an order that may include one (1) or more of the following items:
(1) Ordering the parties to cease and desist from all identified areas of noncompliance.
(2) Preventing the parties from ratifying any subsequent collective bargaining agreements until the parties receive written approval from the board or the board's agent.
(3) Requiring other action as deemed appropriate by the board as authorized by state law.
(g) The board may send the board's compliance findings to other state agencies as necessary.
(h) After a school employer has submitted a collective bargaining agreement under subsection (a), the school employer and an exclusive representative may not enter into a new collective bargaining agreement containing the noncompliant provision until the school employer has received either:
(1) the board's order regarding the compliance of the submitted collective bargaining agreement with this chapter; or
(2) other written approval from the board or an agent of the board.
(i) If any provision of the collective bargaining agreement is found not to be compliant with this chapter, the provision that is found to be noncompliant with this chapter shall not affect other provisions of the collective bargaining agreement that can be given effect without the noncompliant provision, and to this end the provisions of collective bargaining agreement are severable.
(j) The board:
(1) shall adopt rules under IC 4-22; and
(2) may adopt emergency rules in the manner provided under IC 4-22-2-37.1;
as necessary to implement this section.
(k) An emergency rule adopted by the board under subsection (j) expires on the earliest of the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or IC 4-22-2-37.1.
(3) One (1) year after the date the emergency rule is adopted.
(l) This subsection applies only to a school corporation that has a compensation plan developed under IC 20-28-9-1.5 but does not have a ratified collective bargaining agreement. A school corporation shall, not later than October 1 of the year in which the compensation plan becomes effective, submit the school corporation's compensation plan to the board.
(m) If a school corporation fails to timely file a compensation plan as required under subsection (l), the school corporation's compensation plan is considered not in compliance with IC 20-28-9-1.5 and this section unless a compliance officer of the board finds good cause shown for the delay.
As added by P.L.213-2015, SEC.188. Amended by P.L.214-2017, SEC.1; P.L.228-2017, SEC.4.
