CHAPTER 22. MEET AND CONFER FOR PUBLIC SAFETY EMPLOYEES
IC 36-8-22
Chapter 22. Meet and Confer for Public Safety Employees
IC 36-8-22-1
Application of chapter
Sec. 1. This chapter applies after December 31, 2007.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-2
"Employee"
Sec. 2. As used in this chapter, "employee" means a full-timeemployee of a police or fire department. However, the term does notinclude an employee in an upper level policymaking position.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-3
"Employee organization"
Sec. 3. As used in this chapter, "employee organization" means anorganization:
(1) that includes employees as members; and
(2) whose primary purpose is to represent the members of theorganization on issues concerning grievances, wages, rates ofpay, hours of employment, conditions of employment, orbecoming an exclusive recognized representative.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-4
"Employer"
Sec. 4. As used in this chapter, "employer" means a unit.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-5
"Exclusive recognized representative"
Sec. 5. As used in this chapter, "exclusive recognizedrepresentative" means an employee organization elected undersection 9 of this chapter.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-6
"Strike"
Sec. 6. As used in this chapter, "strike" means a:
(1) work stoppage by two (2) or more employees to enforcecompliance with demands made on an employer; or
(2) temporary stoppage of work activities by two (2) or moreemployees in protest against an act or condition.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-7
Exemptions; existing agreements
Sec. 7. (a) Except as provided in section 15 of this chapter, this
chapter does not apply to an employer with a population of less thanseven thousand (7,000).
(b) This chapter does not apply to an employer that has adoptedby:
(1) ordinance;
(2) resolution;
(3) amendment; or
(4) executive order;
provisions and procedures that permit an employee to form, join, orassist an employee organization to bargain collectively.
(c) For:
(1) a collective bargaining agreement; or
(2) a memorandum of understanding;
entered into between an employer and an employee organization ora recognized representative before January 1, 2008, this chapter maynot be construed to annul, modify, or limit the agreement ormemorandum during the term of the agreement or memorandum.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-8
Employee rights
Sec. 8. (a) All employees have the right to:
(1) meet and freely assemble to discuss their interests asemployees on the employees' own time;
(2) form an employee organization on the employees' own time;and
(3) join and assist an employee organization.
(b) The rights guaranteed under subsection (a) include the right to:
(1) solicit membership;
(2) join an employee organization to present the view of theemployee; and
(3) have dues deducted from employee wages and submitted tothe exclusive recognized representative.
(c) An employee may not be required to:
(1) become a member of; or
(2) pay dues to;
an employee organization.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-9
Election of exclusive recognized representative
Sec. 9. (a) An employee organization is the exclusive recognizedrepresentative of the employees of an employer if:
(1) before January 1, 2008, the employee organization wasrecognized by the employer as the sole representative of theemployer's employees; or
(2) after December 31, 2007, the employee organization iselected to be the exclusive recognized representative undersubsection (c).
(b) After December 31, 2007, an employer shall conduct an
election to determine an exclusive recognized representative if atleast thirty percent (30%) of the employees of the employer sign apetition requesting such an election. The election shall be conductedat least thirty (30) but not more than sixty (60) days after theemployer receives the petition.
(c) An employee organization becomes the exclusive recognizedrepresentative of the employees of the employer if it receives morethan fifty percent (50%) of the votes cast in an election conductedunder subsection (b).
(d) An election under subsection (b) to determine an exclusiverecognized representative may not be conducted more often thanonce every two (2) years.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-10
Employer rights
Sec. 10. This chapter is not intended to circumscribe or modifythe existing right of an employer to:
(1) direct the work of the employer's employees;
(2) hire, promote, demote, transfer, assign, and retainemployees in positions;
(3) suspend, discharge, or otherwise discipline employees forjust cause;
(4) maintain the efficiency of governmental operations;
(5) relieve employees from duties because of lack of work or forother legitimate reasons; or
(6) take actions that may be necessary to carry out the missionof the employer in emergencies.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-11
Prohibited employer practices
Sec. 11. An employer may not do the following:
(1) Interfere with, restrain, or coerce employees in the exerciseof the rights guaranteed under this chapter.
(2) Dominate, interfere with, or assist in the formation oradministration of an employee organization, or contributefinancial or other support to an employee organization.However, an employer may permit employees to meet andconfer and represent employee interests during working hourswithout loss of time or pay.
(3) Discriminate in regard to hiring or conditions ofemployment to encourage or discourage membership in anemployee organization.
(4) Discharge or otherwise discriminate against an employeebecause the employee has filed a complaint, an affidavit, or apetition or has given information or testified under this chapter.
(5) Refuse to meet and confer in good faith with an exclusiverecognized representative.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-12
Written notice by exclusive recognized representative; employerrequired to meet and confer
Sec. 12. (a) An exclusive recognized representative of theemployees of an employer that elects to meet and confer with anemployer must notify the employer in writing that the exclusiverecognized representative intends to exercise its rights under thischapter.
(b) Except as provided by section 13 of this chapter, an employerwho has received a written notice under subsection (a) shall meet andconfer in good faith at reasonable times, including meeting inadvance of the budget making process, to discuss issues andproposals regarding wages, hours of employment, and otherconditions and terms of employment with the exclusive recognizedrepresentative.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-13
Employer election to meet and confer; termination of duty to meetand confer
Sec. 13. (a) An employer is not required to meet and confer withan exclusive recognized representative under this chapter unless theexclusive recognized representative has notified the employer inwriting that the exclusive recognized representative elects to exerciseits rights under this chapter.
(b) Notwithstanding subsection (a), an employer may elect tomeet and confer and enter into an agreement under section 12 of thischapter even if the employer did not receive a written notice from anexclusive recognized representative.
(c) Notwithstanding any other provision of this chapter, anemployer may elect to terminate its duty to meet and confer with anexclusive recognized representative under this chapter if:
(1) after meeting and conferring with the exclusive recognizedrepresentative under section 12 of this chapter, the employerand the exclusive recognized representative are unable to reacha written agreement under this chapter; and
(2) at least fifty percent (50%) of the members of the legislativebody of the employer vote to terminate the employer's duty tomeet and confer with the exclusive recognized representativeunder this chapter and written notice of the action of thelegislative body is given to the exclusive recognizedrepresentative.
(d) An exclusive recognized representative that receives atermination notice from an employer under subsection (c)(2) mustwait at least one (1) year after the date the exclusive recognizedrepresentative receives the notice to notify the employer of theexclusive recognized representative's election under subsection (a)to exercise its rights under this chapter.
As added by P.L.48-2007, SEC.1. Amended by P.L.3-2008, SEC.268.
IC 36-8-22-14
Deficit financing prohibited
Sec. 14. (a) As used in this section, "deficit financing" meansmaking expenditures that exceed the money legally available to anemployer in any budget year.
(b) An employer may not enter into an agreement under section12 of this chapter that will place the employer in a position of deficitfinancing. An agreement is voidable to the extent that an employermust engage in deficit financing to comply with the agreement.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-15
No strike participation; employee discharge; loss of right ofrepresentation
Sec. 15. (a) This section applies to employees of an employerregardless of population.
(b) An employee, an employee organization, or an exclusiverecognized representative may not participate in or encourageparticipation in a strike against an employer.
(c) An employee engaging in a strike is subject to discharge by theemployer as provided in IC 36-8-3-4.
(d) An exclusive recognized representative that engages in orsanctions a strike loses the right to represent the employees for atleast ten (10) years after the date of the action.
(e) An employer may not pay an employee for days the employeeis engaged in a strike.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-16
Maximum agreement term
Sec. 16. The term of any written agreement entered into undersection 12 of this chapter may not exceed forty-eight (48) months.
As added by P.L.48-2007, SEC.1.