CHAPTER 6. COLLECTIVE BARGAINING

IC 20-29-6
    Chapter 6. Collective Bargaining

IC 20-29-6-1
Duty to bargain collectively and discuss
    Sec. 1. School employers and school employees shall:
        (1) have the obligation and the right to bargain collectively theitems set forth in section 4 of this chapter;
        (2) have the right and obligation to discuss any item set forth insection 7 of this chapter; and
        (3) enter into a contract embodying any of the matters on whichthey have bargained collectively.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-2
Contracts
    Sec. 2. A contract entered into under this chapter may not includeprovisions that conflict with:
        (1) any right or benefit established by federal or state law;
        (2) school employee rights set forth in IC 20-29-4-1 andIC 20-29-4-2; or
        (3) school employer rights set forth in IC 20-29-4-3.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-3
Unlawful deficit financing
    Sec. 3. (a) It is unlawful for a school employer to enter into anyagreement that would place the employer in a position of deficitfinancing.
    (b) A contract that provides for deficit financing is void to thatextent, and an individual teacher's contract executed under thecontract is void to that extent.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-4
Subjects of bargaining
    Sec. 4. A school employer shall bargain collectively with theexclusive representative on the following:
        (1) Salary.
        (2) Wages.
        (3) Hours.
        (4) Salary and wage related fringe benefits, including accident,sickness, health, dental, or other benefits under IC 20-26-5-4that were subjects of bargaining on July 1, 2001.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-5
Arbitration provisions
    Sec. 5. A contract entered into under this chapter may contain agrievance procedure culminating in final and binding arbitration of

unresolved grievances. However, the binding arbitration has nopower to amend, add to, subtract from, or supplement provisions ofthe contract.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-6
Limitations on obligation to bargain collectively
    Sec. 6. The obligation to bargain collectively does not include thefinal approval of a contract concerning any items. Agreementsreached through collective bargaining are binding as a contract onlyif ratified by the governing body of the school corporation and theexclusive representative. The obligation to bargain collectively doesnot require the school employer or the exclusive representative toagree to a proposal of the other or to make a concession to the other.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-7
Subjects of discussion
    Sec. 7. (a) A school employer shall discuss with the exclusiverepresentative of certificated employees the items listed in subsection(b).
    (b) A school employer may but is not required to bargaincollectively, negotiate, or enter into a written contract concerning, besubject to, or enter into impasse procedures on the following matters:
        (1) Working conditions, other than those provided in section 4of this chapter.
        (2) Curriculum development and revision.
        (3) Textbook selection.
        (4) Teaching methods.
        (5) Hiring, promotion, demotion, transfer, assignment, andretention of certificated employees, and changes to any of therequirements set forth in IC 20-28-6 through IC 20-28-8.
        (6) Student discipline.
        (7) Expulsion or supervision of students.
        (8) Pupil/teacher ratio.
        (9) Class size or budget appropriations.
    (c) Items included in the 1972-1973 agreements between anemployer school corporation and the school employee organizationcontinue to be bargainable.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-8
Contract, agreement, or concession not required
    Sec. 8. The obligation to discuss does not require either party toenter into a contract, agree to a proposal, or make a concession. Afailure to reach an agreement on a matter of discussion does notrequire the use of any part of the impasse procedure underIC 20-29-8.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-9
Discussions outside obligation to bargain collectively
    Sec. 9. The obligation to bargain collectively or discuss a matterdoes not prevent:
        (1) a school employee from petitioning the school employer,governing body, or superintendent for a redress of theemployee's grievances, either individually or through theexclusive representative; or
        (2) the school employer or superintendent from conferring witha citizen, taxpayer, student, school employee, or other personconsidering the operation of the schools and the schoolcorporation.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-10
Recommendations by superintendent
    Sec. 10. Nothing shall prevent a superintendent or thesuperintendent's designee from making recommendations to theschool employer.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-11
Chapter does not limit rights of school employer and exclusiverepresentative
    Sec. 11. This chapter may not be construed to limit the rights ofthe school employer and the exclusive representative to mutuallyagree to the matters authorized under IC 20-28-7-13.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-12
Commencement of collective bargaining
    Sec. 12. Collective bargaining between a school corporation andthe exclusive representative shall begin not later than one hundredeighty (180) days before the submission date of a budget by a schoolemployer.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-13
Appointment of mediator
    Sec. 13. At any time after the one hundred eighty (180) daysdescribed in section 12 of this chapter has begun, the board shallappoint a mediator if either party declares an impasse either:
        (1) in the scope of the items that are to be bargainedcollectively; or
        (2) on the substance of any item to be bargained collectively.
If after five (5) days the mediator is unsuccessful in finding asolution to the problems or in causing the parties to reach agreement,either party may request the board to initiate factfinding on the itemsthat the parties are obligated to bargain collectively.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-14
Initiation of mediation
    Sec. 14. If an agreement has not been reached on the items to bebargained collectively seventy-five (75) days before the submissiondate of a budget by a school employer, the board shall initiatemediation.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-15
Initiation of factfinding
    Sec. 15. If an agreement has not been reached on the items to bebargained collectively forty-five (45) days before the submission dateof a budget by a school employer, the board shall initiate factfinding.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-16
Status quo period
    Sec. 16. (a) If an agreement has not been reached on the items tobe bargained collectively fourteen (14) days before the submissiondate of a budget by a school employer, the parties shall continue thestatus quo, and the school employer may issue tentative individualcontracts and prepare its budget on that basis. During this status quoperiod, in order to allow the successful resolution of the dispute, theschool employer may not unilaterally change the terms or conditionsof employment that are issues in dispute.
    (b) This section may not be construed as relieving the schoolemployer or the school employee organization from the duty tobargain collectively until a mutual agreement has been reached anda contract entered as called for in this chapter.
As added by P.L.1-2005, SEC.13.

IC 20-29-6-17
Request for mediation or factfinding
    Sec. 17. At any time after the one hundred eighty (180) daysdescribed in section 12 of this chapter has begun:
        (1) either party may request mediation or factfinding on items;or
        (2) the parties may act together to request mediation orfactfinding on any items;
that must be bargained collectively under section 4 of this chapter.
As added by P.L.1-2005, SEC.13.