CHAPTER 7. UNFAIR PRACTICES

IC 20-29-7
    Chapter 7. Unfair Practices

IC 20-29-7-1
Unfair practices by school employer
    Sec. 1. It is an unfair practice for a school employer to do any ofthe following:
        (1) Interfere with, restrain, or coerce school employees in theexercise of the rights guaranteed in IC 20-29-4.
        (2) Dominate, interfere, or assist in the formation oradministration of any school employee organization orcontribute financial or other support to the organization. Subjectto rules adopted by the governing body, a school employer maypermit school employees to confer with the school employer orwith any school employee organization during working hourswithout loss of time or pay.
        (3) Encourage or discourage membership in any schoolemployee 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 schoolemployee 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.
As added by P.L.1-2005, SEC.13.

IC 20-29-7-2
Unfair practices by school employee organization
    Sec. 2. It is an unfair practice for a school employee organizationor the organization's agents to do any of the following:
        (1) Interfere with, restrain, or coerce:
            (A) school employees in the exercise of the rightsguaranteed by this article; or
            (B) a school employer in the selection of its representativesfor the purpose of bargaining collectively, discussing, oradjusting grievances.
        This subdivision does not impair the right of a school employeeorganization to adopt its own rules with respect to theacquisition or retention of membership in the school employeeorganization.
        (2) Cause or attempt to cause a school employer to discriminateagainst an employee in violation of section 1 of this chapter.
        (3) Refuse to bargain collectively with a school employer if theschool employee organization is the exclusive representative.
        (4) Fail or refuse to comply with any provision of this article.As added by P.L.1-2005, SEC.13.

IC 20-29-7-3
Right of school employer or school employee organization to bringsuit
    Sec. 3. This chapter does not in any way restrict the right of a:
        (1) school employer; or
        (2) school employee organization;
to bring suit for specific performance or breach of performance, orboth, of a collective bargaining contract in any court havingjurisdiction.
As added by P.L.1-2005, SEC.13.

IC 20-29-7-4
Prevention of unfair practices
    Sec. 4. (a) Unfair practices are remediable under this section.
    (b) A school employer or a school employee who believes theemployer or employee is aggrieved by an unfair practice may file acomplaint under oath:
        (1) setting out a summary of the facts involved; and
        (2) specifying the section or sections of this article alleged tohave been violated.
    (c) The board shall:
        (1) give notice to the person or school employee organizationagainst whom the complaint is directed; and
        (2) determine the matter raised in the complaint.
    (d) Appeals may be taken under IC 4-21.5-3.
    (e) A hearing examiner or agent of the board, who may be amember of the board, may:
        (1) take testimony; and
        (2) make findings and conclusions.
    (f) The board, but not a hearing examiner or agent of the board,may enter the interlocutory orders, after summary hearing, the boardconsiders necessary in carrying out the intent of this chapter.
As added by P.L.1-2005, SEC.13.