CHAPTER 3. INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD
IC 20-29-3
Chapter 3. Indiana Education Employment Relations Board
IC 20-29-3-1
Establishment of board
Sec. 1. The Indiana education employment relations board isestablished.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-2
Members
Sec. 2. The board consists of three (3) members appointed by thegovernor to serve at the governor's pleasure.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-3
Chairperson
Sec. 3. The governor shall designate one (1) member of the boardto serve as chairperson.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-4
Political affiliation of board members
Sec. 4. Not more than two (2) members of the board may bemembers of the same political party.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-5
Terms and vacancies
Sec. 5. Each member of the board is appointed for a term of four(4) years. A member appointed to fill a vacancy is appointed for theunexpired term of the member whom the appointed member is tosucceed.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-6
Qualifications
Sec. 6. Members may not:
(1) hold:
(A) another public office; or
(B) employment by the state, a public agency, or a publicemployer;
(2) be an officer or employee of a school employee organizationor any affiliate of an organization; or
(3) represent a:
(A) school employer; or
(B) school employee organization, or an organization'saffiliates.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-7
Member on university teaching staff
Sec. 7. Section 6 of this chapter does not apply to an individual onthe teaching staff of a university who is knowledgeable in publicadministration or labor law if the individual is not actively engaged,other than as a member, with any labor or employee organization.This section shall be construed liberally to effectuate the intent of thegeneral assembly.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-8
Chairperson's duties
Sec. 8. The chairperson of the board shall give full time to thechairperson's duties and may not engage in any other business,vocation, or employment.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-9
Compensation
Sec. 9. The members of the board (other than the chairperson)receive as compensation payment equal to that of the chairperson,computed on a daily rate and paid for every day actually spentserving on the board.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-10
Quorum
Sec. 10. Two (2) members of the board constitute a quorum.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-11
Powers
Sec. 11. The board has the following powers:
(1) To adopt an official seal and prescribe the purposes forwhich the seal may be used.
(2) To hold hearings and make inquiries as the board considersnecessary to carry out properly the board's functions andpowers.
(3) To establish a principal office in Indianapolis.
(4) To meet and exercise the board's powers at any other placein Indiana.
(5) To conduct in any part of Indiana a proceeding, a hearing,an investigation, an inquiry, or an election necessary to theperformance of the board's functions. For this purpose, theboard may designate one (1) member, or an agent or agents, ashearing examiners. The board may use voluntary anduncompensated services as needed.
(6) To appoint staff and attorneys as the board finds necessaryfor the proper performance of its duties. The attorneysappointed under this section may, at the direction of the board,
appear for and represent the board in court.
(7) To pay the reasonable and necessary traveling and otherexpenses of an employee, a member, or an agent of the board.
(8) To subpoena witnesses and issue subpoenas requiring theproduction of books, papers, records, and documents that maybe needed as evidence in any matter under inquiry, and toadminister oaths and affirmations. In cases of neglect or refusalto obey a subpoena issued to a person, the circuit or superiorcourt of the county in which the investigations or the publichearings are taking place, upon application by the board, shallissue an order requiring the person to:
(A) appear before the board; and
(B) produce evidence about the matter under investigation.
A failure to obey the order may be punished by the court as acontempt. A subpoena, notice of hearing, or other process of theboard issued under this chapter shall be served in the mannerprescribed by the Indiana Rules of Trial Procedure.
(9) To adopt, amend, or rescind rules the board considersnecessary and administratively feasible to carry out this chapterunder IC 4-22-2.
(10) To request from any public agency the assistance, services,and data that will enable the board properly to carry out theboard's functions and powers.
(11) To publish and report in full an opinion in every casedecided by the board.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-12
Functions of board staff
Sec. 12. The board shall organize the board's staff to provide forthe functions of:
(1) unit determination;
(2) unfair labor practice processing;
(3) conciliation and mediation;
(4) factfinding; and
(5) research.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-13
Conciliation; mediation; factfinding
Sec. 13. In connection with conciliation and mediation orfactfinding, the board may:
(1) use full-time employees; or
(2) appoint employees for specific cases from a panel the boardestablishes.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-14
Research division
Sec. 14. The board's research division must be organized to
provide:
(1) statistical data on the resources of each school corporation;
(2) the substance of any agreements reached by each schoolcorporation; and
(3) other relevant data.
As added by P.L.1-2005, SEC.13.