CHAPTER 5. UNITS AND EXCLUSIVE REPRESENTATIVES
IC 20-29-5
Chapter 5. Units and Exclusive Representatives
IC 20-29-5-1
Exclusive representatives; selection of unit
Sec. 1. (a) The exclusive representative shall serve for schoolemployees within certain groups referred to in this chapter as unitsor bargaining units. A bargaining unit may not contain bothcertificated and noncertificated employees. Subject to this limitation,the units for which an exclusive representative serves are determinedin accordance with subsections (b) through (d).
(b) The parties may agree on the appropriate unit. For thispurpose, the parties consist of the school employer and a schoolemployee organization representing at least twenty percent (20%) ofthe school employees in a proposed unit.
(c) If the parties do not reach an agreement on the appropriateunit, or if a school employee in the proposed unit files a complaintabout the unit with the board, the board shall determine the properunit after a hearing. The board's decision must be based on but notlimited to the following considerations:
(1) Efficient administration of school operations.
(2) The existence of a community of interest among schoolemployees.
(3) The effects on the school corporation and school employeesof fragmentation of units.
(4) Recommendations of the parties involved.
(d) In making a determination under subsection (c), the boardshall give notice to all interested parties in accordance with the rulesof the board. In giving notice under this subsection, the board is notrequired to follow IC 4-21.5.
As added by P.L.1-2005, SEC.13.
IC 20-29-5-2
Recognition of school employer organization as exclusiverepresentative by school employer
Sec. 2. (a) A school employer may recognize as the exclusiverepresentative of the school employer's employees within anappropriate unit a school employee organization that presents to theemployer evidence of the school employee organization'srepresentation of a majority of the school employees within the unit,unless:
(1) another school employee organization representing twentypercent (20%) of the school employees within the unit fileswritten objections to the recognition; or
(2) a school employee files a complaint to the composition ofthe unit with the school employer or the board within the noticeperiod set forth in this section.
(b) Before recognizing an exclusive representative under thissection, the school employer shall post a written public notice of theschool employer's intention to recognize the school employee
organization as exclusive representative of the school employeeswithin the unit. The notice must be posted, for thirty (30) calendardays immediately preceding recognition, in each of the buildingswhere the school employees in any unit principally work.
As added by P.L.1-2005, SEC.13.
IC 20-29-5-3
Determination of exclusive representative other than exclusiveschool employee organization
Sec. 3. (a) If an exclusive school employee organization is notdetermined under section 2 of this chapter, the determination ofwhether a school employee organization shall be the exclusiverepresentative shall be determined under this section.
(b) A school employee organization may file a petition assertingthat:
(1) twenty percent (20%) of the employees in an appropriateunit wish to be represented for collective bargaining by theschool employee organization as exclusive representative; or
(2) the designated exclusive representative is no longer therepresentative of the majority of school employees in the unit.
(c) The school employer may file a petition asserting:
(1) that one (1) or more school employee organizations havepresented to the school employer a claim to be recognized asthe exclusive representative in an appropriate unit; or
(2) that the school employer has good faith doubt that thepreviously certified school employee organization represents amajority of employees in the bargaining unit.
(d) Twenty percent (20%) of the school employees in a unit mayfile a petition asserting that the designated exclusive representativeis no longer the representative of the majority of school employeesin the unit.
(e) The board shall investigate a petition filed under subsection(b), (c), or (d). If the board has reasonable cause to believe that aquestion exists as to whether the designated exclusive representativeor any school employee organization represents a majority of theschool employees in a unit, the board shall provide for an appropriatehearing within thirty (30) days. In holding a hearing, the board is notrequired to comply with IC 4-21.5.
(f) If the board finds, based on the record of a hearing held undersubsection (e), that a question of representation exists, the boardshall direct an election by secret ballot in a unit the board determinesto be appropriate.
(g) Certification as the exclusive representative may be grantedonly to a school employee organization that has been selected in asecret ballot election under subsection (f), by a majority of all theemployees in an appropriate unit as their representative.
(h) An election described in subsection (f) may not be held in abargaining unit if a valid election has been held in the precedingtwenty-four (24) month period.
As added by P.L.1-2005, SEC.13. Amended by P.L.1-2006, SEC.333.
IC 20-29-5-4
Elections
Sec. 4. In any election under this chapter, the board shall:
(1) determine who is eligible to vote in the election; and
(2) establish rules governing the election.
As added by P.L.1-2005, SEC.13.
IC 20-29-5-5
Ballots
Sec. 5. The ballot in an election under this chapter must containthe following:
(1) The name of the petitioning school employee organization.
(2) The names of any other school employee organizationshowing written evidence satisfactory to the board of at leasttwenty percent (20%) representation of the school employeeswithin the unit.
(3) A provision for choosing "No representation by a schoolemployee organization.".
As added by P.L.1-2005, SEC.13.
IC 20-29-5-6
Dues deductions
Sec. 6. (a) The school employer shall, on receipt of the writtenauthorization of a school employee:
(1) deduct from the pay of the employee any dues designated orcertified by the appropriate officer of a school employeeorganization that is an exclusive representative of anyemployees of the school employer; and
(2) remit the dues described in subdivision (1) to the schoolemployee organization.
(b) Deductions under this section must be consistent with:
(1) IC 22-2-6;
(2) IC 22-2-7; and
(3) IC 20-28-9-18.
As added by P.L.1-2005, SEC.13.