Senate Bill 575 and Changes
to the Collective Bargaining Law
Michelle L. Cooper
Bose McKinney & Evans LLP
mcooper@boselaw.com
317-684-5223
©2011 Bose McKinney & Evans LLP
Legal Bargaining Framework for
Collective Bargaining
Subjects of Bargaining Prior to SEA 575
3 Categories:
1. Mandatory subjects of bargaining;
2. Discussable or Non-mandatory subjects
of bargaining; and
3. “Grandfathered” subjects of bargaining
– eliminated by SEA 575.
©2011 Bose McKinney & Evans LLP
New Legal Framework Under SEA 575
Mandatory Subjects of Bargaining
a. Salary
b. Wages
c. Salary and wage-related fringe benefits,
including accident, sickness, health, dental,
vision, life, disability, and retirement benefits.
d. Paid time off
Hours was removed as a mandatory subject of
bargaining.
©2011 Bose McKinney & Evans LLP
New Legal Framework Under SEA 575
Prohibited Subjects of Bargaining
a.
b.
c.
d.
e.
f.
The school calendar
Teacher dismissal procedures and criteria
Restructuring options available under NCLB and PL 221
The ability to offer dual credit classes
Any subject that is not specifically identified as a
mandatory subject of bargaining
Teacher evaluation procedures and criteria
Prohibited subjects of bargaining may not be included in
a collective bargaining agreement.
©2011 Bose McKinney & Evans LLP
SEA 575 Changed the Definition of
Deficit Financing
IC 20-29-2-6 – “Deficit Financing”
“Deficit financing” for a budget year
means actual expenditures exceeding
employer’s current year actual general
fund revenue.
Formerly, expenditures exceeding money
legally available to the employer.
©2011 Bose McKinney & Evans LLP
5
IC 20-29-6-3: Unlawful Deficit Financing
1.
It is unlawful for the school employer to
enter into any agreement that would
place the employer in a position of
deficit financing 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.
©2011 Bose McKinney & Evans LLP
Deficit Financing – 2 Parts
IC 20-29-2-6
actual expenditures exceeding employer’s current
year actual general fund revenue.
Expenditures > Actual General Fund Revenue
IC 20-29-6-3
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.
Reduction in Employer’s Actual General Fund
Revenue
©2011 Bose McKinney & Evans LLP
What is the Consequence
for Deficit Financing?
Any contract that provides for deficit
financing is void to that extent; and
2. Individual teachers’ contracts executed
under the contract are void to that
extent.
1.
©2011 Bose McKinney & Evans LLP
Who Determines Whether School is
Engaging in Deficit Financing?
The Mediator?
2. The Fact-Finder?
3. The IEERB?
4. The Court?
1.
NOTE: IEERB used to be an executive
agency that reported to the Governor’s
Office. It is now an agency under the
umbrella of the Indiana Department of
Education.
©2011 Bose McKinney & Evans LLP
IC 20-29-4-1: Rights of School Employees
School employees may:
1.
2.
3.
Form, join, or assist school employee organizations.
Participate
in
collective
bargaining
through
representatives of their own choosing.
Engage in activities individually or in concert;
To establish, maintain, or improve salaries, wages, and
salary and wage-related fringe benefits and other
matters set forth in IC 20-29-6-4 (mandatory subjects of
bargaining) and IC 20-29-6-5 (arbitration provisions).
Removes hours as a mandatory subject of
bargaining. Hours is now a mandatory subject of
discussion.
©2011 Bose McKinney & Evans LLP
IC 20-28-6-2: Regular Teacher’s Contract
(a)
A contract entered into by a teacher and a school corporation
must:
(1) be in writing;
(2) be signed by both parties; and
(3) contain the:
(A) beginning date of the school term as determined annually by the
school corporation;
(B) number of days in the school term as determined annually by the
school corporation;
(C) total salary to be paid to the teacher during the school year; and
(D) number of salary payments to be made to the teacher during the
school year; and
(E) the number of hours per day the teacher is expected to
work, as discussed pursuant to IC 20-29-6-7.
©2011 Bose McKinney & Evans LLP
IC 20-29-4-3 and IC 20-29-6-11:
Responsibilities of School Employers
School Employer Cannot Bargain Changes to the
Statutory Dismissal Process
Repeals IC 20-29-6-11, which allowed the school
employer and the exclusive representative to bargain
changes to the statutory grounds and procedures for
contract cancellation and nonrenewal.
Precludes school employers from bargaining exceptions
to the state suspension and discharge procedures.
Precludes having arbitrator review discharge decisions.
©2011 Bose McKinney & Evans LLP
PL 217 and Committee Appointments
1.
Under the old law, the exclusive
representative had the right to appoint
all teacher members of committees that
make recommendations on mandatory
subjects of discussion.
2. This practice usually precluded any
teacher who was a member of the
exclusive representative from serving
on a Section 5 committee.
©2011 Bose McKinney & Evans LLP
SEA 575 and Committee Appointments
(New Language)
1.
The percentage of teachers appointed by the exclusive
representative to serve on statutory or locally created
district wide committees may not exceed the percentage
of teachers in the school corporation who are members
of the exclusive representative.
2.
The percentage applies to the number of teacher
positions on a committee and not to the total number of
positions on the committee.
3.
This provision also applies to statutory or locally created
school wide committees.
4.
This section does not apply to the bargaining team for
the exclusive representative.
©2011 Bose McKinney & Evans LLP
IC 20-29-5-7: Committee Appointments
(New Language)
5.
A committee created under this section may
not address mandatory subjects of bargaining.
6.
A school employer’s appointment of a teacher
to a committee under this section is not an
unfair labor practice as it relates to the
appointment of teacher committee members.
7. The local president must provide the
Superintendent with lists of exclusive
representative members in each school and for
the entire school corporation by September 15
of each school year.
©2011 Bose McKinney & Evans LLP
Example
Total Number of Teacher Members of Exclusive
Representative
Total Number of Teachers Employed by School
Corporation
= % of teachers exclusive representative appoints to the
committee.
QUERY: Is this calculation done on a building-by-building
basis or on a corporation-basis?
This percentage applies only to the number of teacher
members on the committee and not to the total number of
people on the committee. Who picks the committee?
Who determines the number of people on the committee?
©2011 Bose McKinney & Evans LLP
IC 20-29-6-1: Duty to Bargain Collectively
1.
A school employer may only enter into a
collective
bargaining
agreement
including the mandatory subjects of
collective bargaining.
2. Former definition was broader to allow
bargaining on any of the matters which
the parties bargained collectively in the
past.
Many
contracts
included
mandatory subjects of discussion in the
collective bargaining agreement.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-2: Contracts
Any contract may not include provisions
that conflict with:
Any right or benefit under state or
federal law.
2. Any school employee rights set forth in
IC 20-29-4-1 and IC 20-29-4-2.
3. Any school employer rights set forth in
IC 20-29-4-3.
1.
©2011 Bose McKinney & Evans LLP
18
IC 20-29-6-2: Contracts
Any contract may not include provisions that
conflict with:
This amendment struck the words “entered into
this chapter”.
QUERY: Does this language extend to other
employee contracts?
QUERY: Does this section apply to Memos of
Understanding? Are MOUs now limited to
Section 4 items?
©2011 Bose McKinney & Evans LLP
IC 20-29-6-2: Contracts
Any contract may not include provisions that conflict with:
4.
5.
6.
NCLB/PL 221: Restructuring options available to a
school employer under federal or state statutes,
regulations, or rules because of the failure of the school
corporation or school to meet federal or state
accountability standards.
Dual Credit Classes: A school corporation’s ability to
contract, partner or operate jointly with an educational
entity that provides postsecondary credits to students of
the school employer or dual credits from the school
employer and the educational entity.
Prohibited Subjects of Bargaining: Prohibited subjects
of bargaining listed in Section 4.5 of this chapter may
not be included in collective bargaining agreements
entered into after June 30, 2011.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-4: Subjects of Bargaining
1.
2.
3.
4.
5.
Salary
Wages
Salary and wage-related fringe benefits
including accident, sickness, health, dental,
vision, life, disability, retirement benefits and
paid time off as permitted by IC 20-28-9-11.
Removes Hours as a mandatory subject of
bargaining.
Strikes “or other benefits” after health, vision,
or dental benefits.
©2011 Bose McKinney & Evans LLP
Paid Time Off
as Permitted by IC 20-28-9-11
IC 20-28-9-11
Absences that are not described in
sections 9 and 10 of this chapter may
be taken with pay when agreed on by the
school employer and the exclusive
representative under IC 20-29.
©2011 Bose McKinney & Evans LLP
IC 20-28-9-9: Teacher Payments, Sick
Days; Death in the Family
(a)
Each teacher may be absent from work
with pay:
(1) On account of illness or quarantine
for 10 days in the first year and 7 days
in each succeeding year (referred to as
“sick days”) in this chapter.
(2) For a death in the teacher’s
immediate family for a period extending
not more than 5 days beyond the death.
©2011 Bose McKinney & Evans LLP
IC 20-28-9-9: Teacher Payments, Sick
Days; Death in the Family
(b) If the teacher does not use all the
teacher’s sick days in a school year, the
unused days may accumulate up to a
total of 90 days. However, each teacher
shall be credited with the accumulated
days accrued by the teacher on January
1, 1966.
©2011 Bose McKinney & Evans LLP
IC 20-28-9-10: Teacher Payments, Accumulation
of Sick Days with Another Employer
(a)
(b)
This section applies when a teacher
accumulates at least one (1) sick day and then
is employed in another school corporation.
Beginning in the teacher's second year, the
teacher's employer shall add up to three (3)
sick days each year to the number of sick days
to which the teacher is entitled under section
9(a) [IC 20-28-9-9(a)] of this chapter until the
accumulated sick days to which the teacher
was entitled in the teacher's last employment
are exhausted.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-4: Mandatory Subjects of
Bargaining
Are Unpaid Leaves Salary and Wage-Related
Fringe Benefits? 2 Thoughts:
1.
A teacher on unpaid leave is absent without
leave, so unpaid leave is not a salary or wagerelated fringe benefit. Therefore, unpaid leave
is not a mandatory subject of bargaining.
2.
A teacher is on an unpaid leave approved by
the Board with the right to return to
employment – does that make it a salary and
wage-related fringe benefit?
©2011 Bose McKinney & Evans LLP
IC 20-29-6-4: Subjects of Bargaining
Salary and wages include the amounts of pay
increases available to employees under the
salary schedule adopted under 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.
IC 20-28-9-1 = Merit Pay Statute (which was
accidentally repealed)
©2011 Bose McKinney & Evans LLP
IC 20-28-9-1: Computation of Minimum
Salary
New Definition of Teacher
“Teacher” means a professional person
whose position in a school corporation
requires certain educational preparation
and licensing and whose primary
responsibility is the instruction of
students.
“Teachers” are subject to the merit pay
provisions of this chapter.
©2011 Bose McKinney & Evans LLP
IC 20-28-9-1: Computation of Minimum
Salary
1.
2.
3.
4.
For purposes of IC 20-28, the term
(teacher) includes:
A superintendent.
A principal.
A teacher.
A librarian.
Supervisors and attendance officers
were removed from this definition.
©2011 Bose McKinney & Evans LLP
20-28-9-1: Computation of Minimum
Salary
Merit Pay Effective Date –The earlier of:
1.
July 1, 2012; or
2. Upon the expiration of a contract in existence
on July 1, 2011
And governs salary increases for teachers
employed by a school corporation on the date
this section takes effect.
©2011 Bose McKinney & Evans LLP
Question (from FAQ Published by IDOE)
Q: Will current contracts, including those
that have been extended through the
new biennium, take precedence over the
latest legislation on teacher evaluation,
compensation, salary determination, and
collective bargaining through the end of
the next biennium?
Or will new
legislation trump current contracts, even
if extended?
©2011 Bose McKinney & Evans LLP
Question (from FAQ Published by IDOE)
A: Although the new legislation cannot trump
current contracts, corporations should note
that, under IC 20-28-11.5, “a school corporation
must submit its staff performance evaluation
plan to the department for approval in order to
qualify for any grant funding related to this
chapter.”
For many, if not most school
corporations, this grant funding may represent
the only new dollars available. Evaluation is
also a legal standard for accreditation.
Constitutional Prohibition Against Impairment of
Contracts.
©2011 Bose McKinney & Evans LLP
How is Merit Pay Bargained?
1.
2.
3.
4.
The weight to be given to the
following factors is bargainable:
Degree/Experience (up to 33%)
Teacher evaluation results
Assignment of instructional leadership
roles, including responsibility for
conducting teacher evaluations
Academic needs of students in the
school corporation.
©2011 Bose McKinney & Evans LLP
IC 20-28-9-1: Computation of Minimum
Salary
1.
A teacher rated ineffective or improvement
necessary under IC 20-28-11.5 may not
receive any raise or increment for the following
year if the teacher’s employment continues.
2. The amount that would otherwise be allocated
for the salary increases of teachers rated
ineffective or improvement necessary shall be
allocated to teachers who are rated effective or
highly effective.
©2011 Bose McKinney & Evans LLP
IC 20-28-9-1: Computation of Minimum
Salary
Appeal of Denial of Increase or Increment
1.
A teacher who does not receive a raise or an
increment may file a request with the
superintendent not later than 5 days after
receiving notice that the teacher received a
rating of ineffective.
2. The teacher is entitled to a private conference
with the superintendent or designee.
Conference right is limited to teacher who
receives rating of ineffective.
©2011 Bose McKinney & Evans LLP
IC 20-28-9-1: Computation of Minimum
Salary
1.
Not later than January 31, 2012, the IDOE
shall publish a model salary schedule that a
school corporation may adopt.
2.
Each school corporation shall submit its local
salary schedule to the IDOE. The IDOE will
publish these schedules on its website.
3.
20-28-7.5-6: A contract entered into by a
teacher and a school employer continues in
force on the same terms and for the same
wages, unless increased under IC 20-29 for
the next term … following the date of the
contract’s termination.
©2011 Bose McKinney & Evans LLP
IC 20-28-9-1: Computation of Minimum
Salary
3.
The IDOE shall report any noncompliance to
the State Board of Education, and the State
Board of Education shall take appropriate
action to ensure compliance with this section.
4. This chapter may not be construed to require
or allow a school corporation to decrease the
salary the teacher was earning on or before
July 1, 2012, if that decrease would be made
solely to conform to the new salary scale.
©2011 Bose McKinney & Evans LLP
Other Considerations
1.
2.
3.
Teachers who negatively affect student
achievement and growth cannot be rated as
effective or highly effective.
A student may not be instructed for 2
consecutive years by 2 consecutive teachers
who have been rated ineffective in the prior
school year.
By January 31, 2012, the IDOE will define
actions that constitute a negative impact on
student achievement.
©2011 Bose McKinney & Evans LLP
IC 20-28-11.5: Evaluation Options
1.
The State must develop an evaluation tool and define
the evaluation criteria by January 31, 2012.
2.
Each School Corporation shall develop and implement a
plan beginning with the 2012-2013 school year.
a. School can adopt State plan.
b. School can adopt its own plan, but it must be
approved by the State. However, 75% of the teachers
must approve the plan before it is submitted to the State.
3.
School’s plan must be approved by State to qualify for
grant funding.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-4.5: Prohibited Subjects of Bargaining
(New Language)
For a contract entered into after June 30, 2011, a
school employer may not bargain:
1.
School calendar.
2.
Teacher dismissal procedures and criteria.
3. Restructuring options under federal and state
statues, regulations, or rules because of
school’s failure to meet federal or state
accountability standards.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-4.5: Prohibited Subjects of Bargaining
(New Language )
4.
The ability of the school employer to contract
with an educational entity to provide
postsecondary credits to students or dual
credits from the school employer and the
educational entity.
5. Any subject not expressly listed in Section
4 of this chapter.
A subject that may not be bargained may not
be included in an agreement entered into
under this article.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-4.7: Evaluation and Term of
Agreement
Effective upon enactment of the law:
1. A school employer may not bargain on
teacher evaluation procedures and
criteria.
2. A contract entered into by the school
employer
and
the
exclusive
representative may not extend past the
end of the state budget biennium.
QUESTION: Which Biennium?
©2011 Bose McKinney & Evans LLP
IC 20-29-6-5: Arbitration Provisions
The section states that a contract may
include a grievance procedure but strikes
the language stating that the grievance
procedure may culminate in final and
binding arbitration.
The amendment also strikes the
language stating that the binding
arbitration has no power to amend, add
to, subtract from, or supplement the
provisions of the contract.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-7: Subjects of Discussion
The amendments strike the language
stating that the school employer may
bargain subjects of discussion or enter
into impasse procedures on mandatory
subjects of discussion.
2. The amendments eliminate “working
conditions” as a mandatory subject of
discussion.
3. The amendments add evaluations as a
mandatory subject of discussion.
1.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-7: Subjects of Discussion
4.
5.
6.
The amendments add “safety issues for
students and employees in the workplace,
except those items required to be confidential
by state or federal law” as a mandatory subject
of discussion.
The amendments make hours a mandatory
subject of discussion.
The amendments also delete the grandfather
language protecting items included in 1972-73
agreements that were discussable that
became mandatory subjects of bargaining by
virtue of their inclusion in the grandfathered
collective bargaining agreement.
©2011 Bose McKinney & Evans LLP
So just give me the list – what am I
required to discuss?
(1) Curriculum development and revision.
(2) Textbook selection.
(3) Teaching methods.
(4) Hiring, evaluation, promotion, demotion, transfer, assignment, and retention of certificated
employees.
(5) Student discipline.
(6) Expulsion or supervision of students.
(7) Pupil/teacher ratio.
(8) Class size or budget appropriations.
(9) Safety issues for students and employees in the workplace, except those items required to be kept
confidential by state or federal law.
(10) Hours.
©2011 Bose McKinney & Evans LLP
46
What if the Administration does not agree
with the teachers’ input during
discussion?
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 mandatory discussable
items. A failure to reach an agreement on
a matter of discussion does not allow the
use of any part of the impasse procedure
under IC 20-29-8.
©2011 Bose McKinney & Evans LLP
47
May the Administration confer with others
regarding a mandatory discussable?
YES. The obligation to bargain collectively or discuss a
matter does not prevent the school employer or
superintendent from conferring with a citizen, taxpayer,
student, school employee, or other person considering the
operation of the schools and the school corporation.
Likewise, a school employee is not prevented from
petitioning the school employer, governing body, or
superintendent for a redress of the employee's
grievances, either individually or through the exclusive
representative
IC 20-29-6-9
©2011 Bose McKinney & Evans LLP
48
IC 20-29-6-12: Commencement of
Collective Bargaining
Formal collective bargaining between the school
corporation and the exclusive representative shall not
begin before:
1.
August 1 in the first year of the budget biennium; or
2.
August 1 in the second year of the budget biennium if
the parties agreed to a one year contract during the first
year of the budget biennium or the contract provides for
renegotiating certain financial items in the second year
of a 2-year contract.
Informal negotiations may be held before August 1.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-12.5: Certification of Funding
(New Language)
1.
Before August 1 of the first year of the state
budget biennium, the department shall provide
the parties with an estimate of the general
fund revenue available for bargaining in the
school corporation from the school funding
formula.
2. Within 30 days after the date of the first ADM
count date of the school year in the first year of
the state budget biennium, the department
shall provide certification of estimated general
fund revenue available for bargaining from the
school funding formula.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-12.5: Certification of Funding
(New Language)
A school employer that has passed a
general fund operating referendum must
have that amount certified by the DLGF.
4. The school corporation must obtain the
certifications before the commencement
of bargaining.
5. These certifications must be the basis
for determinations throughout the
impasse proceedings.
3.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-13: Appointment of Mediator
1.
2.
“At any time after at least sixty (60) days following the
beginning of formal bargaining collectively between the
parties, an impasse is declared, and the board shall
appoint a mediator from the board's staff or an ad hoc
panel.”
The mediator shall begin mediation within 15 days after
the Board receives notice of impasse.
Query: What happens if neither the School Board nor the
Union declare impasse? Can the IEERB declare impasse on
behalf of the parties?
©2011 Bose McKinney & Evans LLP
IC 20-29-6-13: Appointment of Mediator
3.
The mediation must consist of not more than three (3)
mediation sessions and must result in one (1) of the following:
a. Settlement - An agreement between the parties on
mandatory subjects of bargaining; or
b. Last Best Offer - Each party’s last best offer, including
fiscal rationale, related to the mandatory subjects of
bargaining.
4.
The cost of the mediator is shared equally by the parties.
5.
Mediation shall be completed within 30 days.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-15.1: Binding Fact-Finding
1.
If agreement has not been reached on Section 4 items
within 15 days after mediation has ended, the Board
shall initiate fact-finding.
2.
Fact-finding must culminate in the fact-finder imposing
contract terms on the parties.
3.
The fact-finder must select one party’s last best offer as
the contract terms.
4.
The fact-finder’s order must be restricted to those items
permitted to be bargained and included in the collective
bargaining agreement and must not put the employer in
a position of deficit financing.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-15.1: Binding Fact-Finding
5.
The fact-finder’s order may not impose
terms beyond those proposed by the
parties in their last best offers.
6.
The cost for the fact-finder is shared
equally by the parties.
7. Fact-finding may last no longer than 15
days.
©2011 Bose McKinney & Evans LLP
IC 20-29-8-7: Binding Fact-Finding
1.
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.
2.
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.
3.
The fact-finding process may not exceed 15 days from
beginning to end, and not more than 2 of those days
may be used for public testimony, which may be taken
at the discretion of the fact-finder.
©2011 Bose McKinney & Evans LLP
IC 20-29-8-7: Binding Fact-Finding
4.
During the public hearing, each party shall
present fully its last, best offer, including the
fiscal rationale for the offer.
5. Only general operating funds and those funds
certified by the department of education and
the department of local government finance
may be considered as a source of the funding
for items, unless the school funding formula
allows other funds to be used for certain items.
©2011 Bose McKinney & Evans LLP
IC 20-29-8-7: Binding Fact-Finding
6.
The fact-finder shall make a recommendation
on the items in dispute over which he has
jurisdiction.
7.
The fact-finder shall:
a. make the investigation, hearing, and
findings as expeditiously as the circumstances
permit; and
b. deliver the findings to the parties and the
Board.
©2011 Bose McKinney & Evans LLP
IC 20-29-8-7: Binding Fact-Finding
The board (IEERB), 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.
©2011 Bose McKinney & Evans LLP
59
IC 20-29-8-7: Binding Fact-Finding
At any time within five (5) days after the
findings and recommendations are
delivered to the board (IEERB), 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.
©2011 Bose McKinney & Evans LLP
60
IC 20-29-8-7: Binding Fact-Finding
The board (IEEB) shall make the findings
and recommendations available to the
public not later than ten (10) days after
the findings and recommendations are
delivered to the board.
©2011 Bose McKinney & Evans LLP
61
IC 20-29-6-16: Status Quo Period
During Bargaining
1.
2.
If an agreement has not been reached on items to be
bargained collectively by November 1, the parties shall
continue the terms of the current contract that is in effect,
and the school employer may issue tentative individual
contracts and prepare its budget on that basis.
During this period, in order to allow the successful
resolution of the dispute, the school employer may not
unilaterally change the terms of conditions of
employment that are in dispute.
Both of these amendments deleted the words “status quo”.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-16: Status Quo Period
Upon Expiration of Current Contract
3. Upon the expiration of the current contract that is in
effect, 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 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.
©2011 Bose McKinney & Evans LLP
IC 20-29-6-16: Status Quo Period
The only parts of the contract that must
continue under this section are the items
contained in the contract and listed in
section 4 [IC 20-29-6-4] of this chapter.
(i.e., The items that must be bargained).
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IC 20-29-6-16: Status Quo Period
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.
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UNFAIR PRACTICES
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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.
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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 [IC 20-29-7-1] 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.
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Filing an Unfair Labor Practice Complaint
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.
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After the ULP is filed:
The IEERB 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.
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The ULP Hearing
A hearing examiner or agent of the IEERB,
who may be a member of the IEERB,
may:
(1) take testimony; and
(2) make findings and conclusions.
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The ULP Decision
The IEERB, but not a hearing examiner or
agent of the IEERB, may enter the
interlocutory orders, after summary
hearing, the IEERB considers necessary
in carrying out the intent of unfair
practices provisions in the Indiana Code.
IEERB decisions may be appealed.
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Attorneys’ Fees in ULP Cases
If a complaint is filed that alleges an unfair
practice has occurred with respect to a
subject that may be discussed and the
complaint is found to be frivolous, then
the party that filed that complaint is liable
for costs and attorney's fees.
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QUESTIONS
THANK YOU!
Michelle L. Cooper
Bose McKinney & Evans LLP
(317) 684-5223
mcooper@boselaw.com
©2011 Bose McKinney & Evans LLP