CHAPTER 8. IMPASSE PROCEDURES
IC 20-29-8
Chapter 8. Impasse Procedures
IC 20-29-8-1
Purposes of mediation of disputes
Sec. 1. The purposes of mediation of disputes between schoolemployers and exclusive representatives are the following:
(1) To delineate the problems involved in bargainingcollectively.
(2) To find solutions that can reasonably be accepted by bothparties.
(3) To determine common grounds, if any.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-2
Mediators
Sec. 2. The board shall establish and hire a:
(1) permanent staff of mediators; and
(2) panel of part-time mediators.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-3
Appointment of mediator
Sec. 3. When a mediator is requested or required underIC 20-29-6, the board shall appoint a mediator from the staff or panelestablished under section 2 of this chapter.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-4
Confidentiality of mediation
Sec. 4. The mediation process is confidential in nature. Themediator is not subject to the subpoena power of courts or otheradministrative agencies of the state regarding the subjects discussedas a part of the mediation process.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-5
Purpose of factfinding
Sec. 5. The purpose of factfinding is to give a neutral advisoryopinion whenever the parties are unable by themselves, or througha mediator, to resolve a dispute.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-6
Factfinders
Sec. 6. (a) The board shall establish and hire a:
(1) permanent staff of factfinders; and
(2) panel of part-time factfinders.
(b) The persons described in subsection (a) may also bemediators.As added by P.L.1-2005, SEC.13.
IC 20-29-8-7
Appointment of factfinder
Sec. 7. (a) When a factfinder is requested or required underIC 20-29-6, the board shall appoint a factfinder from the staff orpanel established under section 6 of this chapter.
(b) The factfinder shall make an investigation and hold hearingsas the factfinder considers necessary in connection with a dispute.
(c) The factfinder may restrict the factfinder's findings to thoseissues that the factfinder determines significant.
(d) The factfinder may use evidence furnished to the factfinderby:
(1) the parties;
(2) the board;
(3) the board's staff; or
(4) any other state agency.
(e) The factfinder shall make a recommendation as to thesettlement of the disputes over which the factfinder has jurisdiction.
(f) The factfinder shall:
(1) make the investigation, hearing, and findings asexpeditiously as the circumstances permit; and
(2) deliver the findings to the parties and to the board.
(g) The board, after receiving the findings and recommendations,may make additional findings and recommendations to the partiesbased on information in:
(1) the report; or
(2) the board's own possession.
(h) At any time within five (5) days after the findings andrecommendations are delivered to the board, the board may make thefindings and recommendations of the factfinder and the board'sadditional findings and recommendations, if any, available to thepublic through news media and other means the board considerseffective.
(i) The board shall make the findings and recommendationsdescribed in subsection (h) available to the public not later than ten(10) days after the findings and recommendations are delivered to theboard.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-8
Factors considered by factfinder
Sec. 8. In conducting hearings and investigations, the factfinderis not bound by IC 4-21.5. The factfinder shall, however, considerthe following factors:
(1) Past memoranda of agreements and contracts between theparties.
(2) Comparisons of wages and hours of the employees involvedwith wages of other employees working for other publicagencies and private concerns doing comparable work, giving
consideration to factors peculiar to the school corporation.
(3) The public interest.
(4) The financial impact on the school corporation and whetherany settlement will cause the school corporation to engage indeficit financing.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-9
Submission of issue to arbitration
Sec. 9. The school employer and the exclusive representative mayalso at any time submit any issue in dispute to final and bindingarbitration to an arbitrator appointed by the board. The award in thearbitration constitutes the final contract between the parties for theissue.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-10
Mediator may not serve as factfinder or arbitrator
Sec. 10. A person who has served as a mediator in a disputebetween a school employer and an exclusive representative may notserve as a factfinder or an arbitrator in a dispute arising in the sameschool corporation within a period of five (5) years except by themutual consent of the parties.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-11
Other employment of mediators and factfinders
Sec. 11. Mediators and factfinders may not be employed on afull-time or part-time basis by:
(1) a public school employer that is a school corporation; or
(2) an organization of:
(A) public employees; or
(B) public employers; or
(3) affiliates of an organization described in subdivision (2)(A)or (2)(B).
As added by P.L.1-2005, SEC.13.
IC 20-29-8-12
Payment of expenses by board
Sec. 12. The board shall pay the following:
(1) The compensation and expenses of any mediator orfactfinder.
(2) The cost of an arbitrator, which shall be reimbursedequally by the two (2) parties under procedures forcollection and payment established by the board.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-13
Findings and recommendations
Sec. 13. (a) The investigation, hearing, and findings of the
factfinder must be:
(1) made as expeditiously as the circumstances allow; and
(2) delivered to the parties and to the board.
(b) The board, after receiving the findings and recommendationsunder subsection (a), may make additional findings andrecommendations to the parties based upon information in the reportor in the board's possession.
(c) The board:
(1) may, at any time within five (5) days; and
(2) shall, within ten (10) days;
after receiving the findings and recommendations delivered undersubsection (a), make the findings and recommendations of thefactfinder and the board's additional findings and recommendations,if any, available to the public through the news media and any othermeans.
As added by P.L.1-2005, SEC.13.
IC 20-29-8-14
Further mediation and factfinding upon issuance of tentativeindividual contracts
Sec. 14. If a school employer issues tentative individual contracts,the board shall provide for further mediation and factfinding until anagreement is reached.
As added by P.L.1-2005, SEC.13.