CHAPTER 2. PUBLIC UTILITY LABOR DISPUTES

IC 22-6-2
    Chapter 2. Public Utility Labor Disputes

IC 22-6-2-1
Public policy
    Sec. 1. It is hereby declared to be the public policy of the state ofIndiana that it is necessary and essential in the public interest tofacilitate the prompt, peaceful and just settlement of labor disputesbetween public utility employers and their employees which causeor threaten to cause an interruption in the supply of servicesnecessary to the health, safety, and well-being of the citizens ofIndiana, and to that end to encourage the making and maintaining ofagreements concerning wages, hours and other conditions ofemployment through collective bargaining between public utilityemployers and their employees, and to provide settlement proceduresfor labor disputes between public utility employers and theiremployees in cases where the collective bargaining process hasreached an impasse and stalemate and as a result thereof the partiesare unable to effect such settlement and which labor disputes, if notsettled, are likely to cause interruption of the supply of a publicutility service on which the community so affected is so dependentthat severe hardship would be inflicted on a substantial number ofpersons by a cessation of such service.
(Formerly: Acts 1947, c.341, s.1.)

IC 22-6-2-2
Definitions
    Sec. 2. As used in this chapter:
    (a) The term "public utility employer" means an employerengaged in the business of rendering electric, gas, water, telephone,or transportation services to the public in this state.
    (b) The term "collective bargaining" means collective bargainingof or similar to the kind provided for by 29 U.S.C. 151 through 169and as interpreted by decisions of the Supreme Court of the UnitedStates arising under 29 U.S.C. 151 through 169.
(Formerly: Acts 1947, c.341, s.2.) As amended by P.L.144-1986,SEC.164.

IC 22-6-2-3
Settlement of disputes; reasonable efforts
    Sec. 3. It shall be the duty of public utility employers and theiremployees in public utility operations to exert every reasonableeffort to settle such labor disputes by the making of agreementsthrough collective bargaining between the parties, and by themaintaining thereof when made, and to prevent, if possible, thecollective bargaining process from reaching a state of impasse andstalemate.
(Formerly: Acts 1947, c.341, s.3.)

IC 22-6-2-4 Conciliators; boards of arbitration; appointment
    Sec. 4. Not later than April 13, 1947, the governor shall appoint:
        (a) a panel of ten (10) persons to serve as conciliators under theprovisions of this chapter; and
        (b) a panel of thirty (30) persons to serve as members of theboards of arbitration provided for by this chapter.
No person serving on the conciliator's panel shall at the same timeserve on the board of arbitrators panel. Each person appointed toeither of said panels shall be a resident of the state of Indianapossessing, in the judgment of the governor, the requisite experienceand judgment to qualify such person capably and fairly to deal withlabor dispute problems. All such appointments shall be made withoutconsideration of the political affiliations of the appointee. Each suchappointee shall take an oath to perform honestly and to the best of hisability the duties of conciliator or arbitrator, as the case may be. Anysuch appointee may be removed by the governor at any time or mayresign his position at any time by notice in writing to the governor.Any vacancy in either of the panels shall be filled by the governorwithin thirty (30) days after such vacancy occurs. Such conciliatorsand arbitrators shall be paid no compensation for their services assuch, except as provided in this chapter.
(Formerly: Acts 1947, c.341, s.4.) As amended by P.L.144-1986,SEC.165.

IC 22-6-2-5
Stalemates; conciliators; compensation
    Sec. 5. If in any case of a labor dispute between a public utilityemployer and its employees the collective bargaining process reachesan impasse and stalemate, with the result that the employer and theemployees are unable to effect a settlement thereof, then either partyto the dispute may petition the governor to appoint a conciliator fromthe panel of conciliators provided for by section 4 of this chapter.Upon the filing of such petition, the governor shall consider thesame, and if in his opinion the collective bargaining process,notwithstanding good faith efforts on the part of both sides to suchdispute, has reached an impasse and stalemate and such dispute if notsettled will cause or is likely to cause the interruption of the supplyof a service on which the community so affected is so dependent thatsevere hardship would be inflicted on a substantial number ofpersons by a cessation of such service, the governor shall appoint aconciliator from the conciliators panel to attempt to effect thesettlement of such dispute. Such conciliator shall be allowedreasonable compensation for his services and for his necessaryexpenses in an amount to be fixed by the governor, suchcompensation and expenses to be paid out of the general fund of thestate of Indiana; and there is hereby appropriated out of the generalfund sufficient moneys to meet such payments.
(Formerly: Acts 1947, c.341, s.5.) As amended by P.L.144-1986,SEC.166.
IC 22-6-2-6
Conciliators; hearings; strikes, slowdowns, or lockouts pendingnegotiations
    Sec. 6. The conciliator so named shall expeditiously meet with thedisputing parties and shall exert every reasonable effort to effect aprompt settlement of such dispute. From and after the filing of apetition with the governor as provided for in section 5 of this chapter,and unless the governor should determine that the failure to settle thedispute with respect to which such petition relates would not causesevere hardship to be inflicted on a substantial number of persons,there shall be no interruption of work and no strikes or slowdownsby the employees, and there shall be no lockout or other workstoppage by the employer, until such time as all procedure providedfor by this chapter has been exhausted or during the effective periodof any order issued by a board of arbitration under this chapter.
(Formerly: Acts 1947, c.341, s.6.) As amended by P.L.144-1986,SEC.167.

IC 22-6-2-7
Boards of arbitration; appointment; compensation and expenses
    Sec. 7. If the conciliator so named is unable to effect a settlementof such dispute within a thirty (30) day period after his appointment,he shall report such fact to the governor, and the governor, if hebelieves that a continuation of the dispute will cause or is likely tocause the interruption of the supply of a service on which thecommunity so affected is so dependent that severe hardship would beinflicted on a substantial number of persons by a cessation of suchservice, shall appoint a board of arbitration to hear and determinesuch dispute. The board of arbitration shall consist of three (3)members chosen by the governor from the board of arbitrators panelprovided for in section 4 of this chapter. A new board shall be chosenby the governor for each separate dispute, but the same board mayhear any number of issues or grievances which are involved at thesame time in any dispute between the same employer and hisemployees. Members of such board of arbitration shall be allowedreasonable compensation for their services and for their necessaryexpenses in an amount to be fixed by the governor, and suchcompensation and expenses shall be shared equally by the parties tothe dispute.
(Formerly: Acts 1947, c.341, s.7.) As amended by P.L.144-1986,SEC.168.

IC 22-6-2-8
Boards of arbitration; representatives of parties; advisory parties
    Sec. 8. Each party to the dispute shall be entitled to designate one(1) representative to sit with the board of arbitrators, but suchrepresentatives shall sit in an advisory capacity only and withoutvote.
(Formerly: Acts 1947, c.341, s.8.)
IC 22-6-2-9
Boards of arbitration; hearings; evidence; right to counsel
    Sec. 9. The board of arbitration shall promptly hold hearings andshall have the power to administer oaths and compel the attendanceof witnesses and the furnishing by the parties of such information asmay be necessary to a determination of the issue or issues in dispute.Both parties to the dispute shall have the opportunity to be present atthe hearing, both personally and by counsel, and to present such oraland documentary evidence as the board shall deem relevant to theissue or issues in controversy.
(Formerly: Acts 1947, c.341, s.9.)

IC 22-6-2-10
Boards of arbitration; findings of fact; arbitrable issues
    Sec. 10. It shall be the duty of the board to make written findingsof fact, and to promulgate a written decision and order, upon theissue or issues presented in each case. In making such findings theboard shall consider only, and be bound only, by the evidencesubmitted by the parties to the dispute. When a valid contract is ineffect defining the rights, duties and liabilities of the parties withrespect to any matter in dispute, the board shall have power only todetermine the proper interpretation and application of the contractprovisions which are involved. Where there is no contract betweenthe parties, or where there is a contract but the parties have begunnegotiations looking to a new contract or amendment of the existingcontract, and wage rates or other conditions of employment under theproposed new or amended contract are in dispute, the board shallestablish rates of pay and conditions of employment which arecomparable to the prevalent wage rates paid and conditions ofemployment maintained for the same or similar work of workersexhibiting like or similar skills under the same or similar workingconditions, by like public utility employers, if any, in the same labormarket area, and if none, in adjoining labor market areas within thestate of Indiana, and which in addition thereto bear a generallycomparable relationship to wage rates paid and conditions ofemployment maintained by all other employers in the same labormarket area. The board shall determine in each case, based upon theevidence presented and received by the board, what constitutes inthat case "the same labor market area" or "adjoining labor marketareas in the state of Indiana;" and where an employer has more thanone (1) plant or office and some or all of such plurality of plants oroffices are found by the board to be located in separate labor marketareas, the board shall establish separate wage rates or schedules ofwage rates, and separate conditions of employment, for all plants andoffices in each such labor market area. In establishing wage rates theboard shall take into consideration the overall compensationpresently received by the employees, having regard not only to wagesfor time actually worked but also to wages for time not worked,including (without limiting the generality of the foregoing) vacations,holidays, and other excused time, and all benefits received, including

insurance and pensions, and the continuity and stability ofemployment enjoyed by the employees.
(Formerly: Acts 1947, c.341, s.10.)

IC 22-6-2-11
Boards of arbitration; findings, decision, and order
    Sec. 11. The board of arbitration shall hand down its findings,decision, and order (referred to in this section as its order) withinsixty (60) days after its appointment; provided, however, that thegovernor may for good cause extend said period for not to exceed anadditional sixty (60) days. If all three (3) members of the board donot agree, the order of the majority shall constitute the order of theboard. The board shall furnish to each of the parties a copy of itsorder. A certified copy thereof shall be filed in the office of the clerkof the circuit court of the county wherein the dispute arose or in theoffice of the clerk of the circuit court of any county where theemployer operates or maintains an office or place of business. Unlesssuch order is reversed upon a petition for review filed pursuant to theprovisions of section 12 of this chapter, such order, together withsuch agreements as the parties may themselves have reached, shallbecome binding upon and shall control the relationship between theparties from the date such order is filed with the clerk of the circuitcourt as aforesaid and shall continue effective for one (1) year fromthat date, but such order may be changed by mutual consent oragreement of the parties. No order of the board relating to wages orrates of pay shall be retroactive to a date before the date of thetermination of any contract which may have existed between theparties, or, if there was no such contract, to a date before the day onwhich the governor appointed a conciliator in such dispute.
(Formerly: Acts 1947, c.341, s.11.) As amended by P.L.144-1986,SEC.169.

IC 22-6-2-12
Boards of arbitration; order; review; change of venue or judge
    Sec. 12. Either party to the dispute may within fifteen (15) daysfrom the date such order is filed with the clerk of the court petitionthe circuit court of any county, in which the employer operates or hasan office or place of business, for a review of such order on theground (a) that the parties were not given reasonable opportunity tobe heard, or (b) that the board of arbitration exceeded its powers, or(c) that the order is unreasonable in that it is not supported by theevidence, or (d) that the order was procured by fraud, collusion, orother unlawful means or methods. A summons to the other party tothe dispute shall be issued as provided by law in other civil cases;and either party shall have the same rights to a change of venue fromthe county, or to a change of judge, as provided by law in other civilcases. The judge of the circuit court, without the intervention of ajury, shall hear the evidence adduced by both parties with respect tothe issue raised by such petition and may reverse said order only ifhe finds that (a) one (1) of the parties was not given reasonable

opportunity to be heard, or (b) that the board of arbitration exceededits powers, or (c) that the order is unreasonable in that it is notsupported by the evidence, or (d) that the order was procured byfraud, collusion, or other unlawful means or methods. The decisionof the judge of the circuit court shall be final. If the court reversessaid order for one (1) of the reasons stated herein, the clerk of saidcourt shall certify the court's decision to the governor, who mayeither attempt further conciliation or may appoint another board ofarbitration, as hereinabove provided for, in the event that the partiesdo not prefer first to engage in further collective bargaining in anattempt to settle such dispute.
(Formerly: Acts 1947, c.341, s.12.)

IC 22-6-2-13
Strikes, work stoppages, slowdowns, or lockouts; violations
    Sec. 13. (a) It is unlawful for any group of employees acting inconcert to call a strike, to go out on strike, to cause any workstoppage or slowdown in violation of this chapter; it is unlawful forany employer to lock out his employees in violation of this chapter;and it is unlawful for any person to instigate, to induce, to conspirewith, or to encourage any other person to engage in any strike,lockout, slowdown, or work stoppage in violation of this chapter.
    (b) A person who recklessly violates this chapter commits a ClassB misdemeanor.
(Formerly: Acts 1947, c.341, s.13.) As amended by Acts 1978, P.L.2,SEC.2228.

IC 22-6-2-14
Injunctions
    Sec. 14. Any person adversely affected by reason of any violationof the provisions of this chapter may file an action in the circuit courtof the county in which any such violation occurs to restrain andenjoin such violation and to compel the performance of the dutiesimposed by this chapter. In any such action the provisions ofIC 22-6-1 shall not apply.
(Formerly: Acts 1947, c.341, s.14.) As amended by P.L.144-1986,SEC.170.

IC 22-6-2-15
Involuntary servitude
    Sec. 15. Nothing in this chapter shall be construed to require anindividual employee to render labor or service without his consent,or to make illegal the quitting of his labor or service or thewithdrawal from his place of employment unless done in concert orby agreement with others. No court shall have power to issue anyprocess to compel an individual employee to render labor or serviceor to remain at his place of employment without his consent. It is theintent of this chapter only to forbid employees to leave theiremployment in concert or to cause a work slowdown or stoppage inconcert and to forbid an employer to lock out his employees in any

case where the resultant interruption of public service would causesevere hardship to a substantial number of persons.
(Formerly: Acts 1947, c.341, s.15.) As amended by P.L.144-1986,SEC.171.