IC 20-29-5
Chapter 5. Units and Exclusive Representatives
IC 20-29-5-1 Exclusive representatives; selection of unit
Sec. 1. (a) The exclusive representative shall serve for school
employees within certain groups referred to in this chapter as units
or bargaining units. A bargaining unit may not contain both
certificated and noncertificated employees. Subject to this limitation,
the units for which an exclusive representative serves are determined
in accordance with subsections (b) through (d).
(b) The parties may agree on the appropriate unit. For this
purpose, the parties consist of the school employer and a school
employee organization representing at least twenty percent (20%) of
the school employees in a proposed unit.
(c) If the parties do not reach an agreement on the appropriate
unit, or if a school employee in the proposed unit files a complaint
about the unit with the board, the board shall determine the proper
unit after a hearing. The board's decision must be based on but not
limited to the following considerations:
(1) Efficient administration of school operations.
(2) The existence of a community of interest among school
employees.
(3) The effects on the school corporation and school employees
of fragmentation of units.
(4) Recommendations of the parties involved.
(d) In making a determination under subsection (c), the board
shall give notice to all interested parties in accordance with the rules
of the board. In giving notice under this subsection, the board is not
required to follow IC 4-21.5. As added by P.L.1-2005, SEC.13.
IC 20-29-5-2 Recognition of school employer organization as exclusive
representative by school employer
Sec. 2. (a) A school employer may recognize as the exclusive
representative of the school employer's employees within an
appropriate unit a school employee organization that presents to the
employer evidence of the school employee organization's
representation of a majority of the school employees within the unit,
unless:
(1) another school employee organization representing twenty
percent (20%) of the school employees within the unit files
written objections to the recognition; or
(2) a school employee files a complaint to the composition of
the unit with the school employer or the board within the notice
period set forth in this section.
(b) Before recognizing an exclusive representative under this
section, the school employer shall post a written public notice of the
school employer's intention to recognize the school employee
organization as exclusive representative of the school employees
within the unit. The notice must be posted, for thirty (30) calendar
days immediately preceding recognition, in each of the buildings
where the school employees in any unit principally work. As added by P.L.1-2005, SEC.13.
IC 20-29-5-3 Determination of exclusive representative other than exclusive
school employee organization
Sec. 3. (a) If an exclusive school employee organization is not
determined under section 2 of this chapter, the determination of
whether a school employee organization shall be the exclusive
representative shall be determined under this section.
(b) A school employee organization may file a petition asserting
that:
(1) twenty percent (20%) of the employees in an appropriate
unit wish to be represented for collective bargaining by the
school employee organization as exclusive representative; or
(2) the designated exclusive representative is no longer the
representative of the majority of school employees in the unit.
(c) The school employer may file a petition asserting:
(1) that one (1) or more school employee organizations have
presented to the school employer a claim to be recognized as
the exclusive representative in an appropriate unit; or
(2) that the school employer has good faith doubt that the
previously certified school employee organization represents a
majority of employees in the bargaining unit.
(d) Twenty percent (20%) of the school employees in a unit may
file a petition asserting that the designated exclusive representative
is no longer the representative of the majority of school employees
in the unit.
(e) The board shall investigate a petition filed under subsection
(b), (c), or (d). If the board has reasonable cause to believe that a
question exists as to whether the designated exclusive representative
or any school employee organization represents a majority of the
school employees in a unit, the board shall provide for an appropriate
hearing within thirty (30) days. In holding a hearing, the board is not
required to comply with IC 4-21.5.
(f) If the board finds, based on the record of a hearing held under
subsection (e), that a question of representation exists, the board
shall direct an election by secret ballot in a unit the board determines
to be appropriate.
(g) Certification as the exclusive representative may be granted
only to a school employee organization that has been selected in a
secret ballot election under subsection (f), by a majority of all the
employees in an appropriate unit as their representative.
(h) An election described in subsection (f) may not be held in a
bargaining unit if a valid election has been held in the preceding
twenty-four (24) month period. As added by P.L.1-2005, SEC.13. Amended by P.L.1-2006, SEC.333. IC 20-29-5-4 Elections
Sec. 4. In any election under this chapter, the board shall:
(1) determine who is eligible to vote in the election; and
(2) establish rules governing the election. As added by P.L.1-2005, SEC.13.
IC 20-29-5-5 Ballots
Sec. 5. The ballot in an election under this chapter must contain
the following:
(1) The name of the petitioning school employee organization.
(2) The names of any other school employee organization
showing written evidence satisfactory to the board of at least
twenty percent (20%) representation of the school employees
within the unit.
(3) A provision for choosing "No representation by a school
employee organization.". As added by P.L.1-2005, SEC.13.
IC 20-29-5-6 Dues deductions
Sec. 6. (a) The school employer shall, on receipt of the written
authorization of a school employee:
(1) deduct from the pay of the employee any dues designated or
certified by the appropriate officer of a school employee
organization that is an exclusive representative of any
employees of the school employer; and
(2) remit the dues described in subdivision (1) to the school
employee organization.
(b) Deductions under this section must be consistent with:
(1) IC 22-2-6;
(2) IC 22-2-7; and
(3) IC 20-28-9-18. As added by P.L.1-2005, SEC.13.
IC 20-29-5
Chapter 5. Units and Exclusive Representatives
IC 20-29-5-1 Exclusive representatives; selection of unit
Sec. 1. (a) The exclusive representative shall serve for school
employees within certain groups referred to in this chapter as units
or bargaining units. A bargaining unit may not contain both
certificated and noncertificated employees. Subject to this limitation,
the units for which an exclusive representative serves are determined
in accordance with subsections (b) through (d).
(b) The parties may agree on the appropriate unit. For this
purpose, the parties consist of the school employer and a school
employee organization representing at least twenty percent (20%) of
the school employees in a proposed unit.
(c) If the parties do not reach an agreement on the appropriate
unit, or if a school employee in the proposed unit files a complaint
about the unit with the board, the board shall determine the proper
unit after a hearing. The board's decision must be based on but not
limited to the following considerations:
(1) Efficient administration of school operations.
(2) The existence of a community of interest among school
employees.
(3) The effects on the school corporation and school employees
of fragmentation of units.
(4) Recommendations of the parties involved.
(d) In making a determination under subsection (c), the board
shall give notice to all interested parties in accordance with the rules
of the board. In giving notice under this subsection, the board is not
required to follow IC 4-21.5. As added by P.L.1-2005, SEC.13.
IC 20-29-5-2 Recognition of school employer organization as exclusive
representative by school employer
Sec. 2. (a) A school employer may recognize as the exclusive
representative of the school employer's employees within an
appropriate unit a school employee organization that presents to the
employer evidence of the school employee organization's
representation of a majority of the school employees within the unit,
unless:
(1) another school employee organization representing twenty
percent (20%) of the school employees within the unit files
written objections to the recognition; or
(2) a school employee files a complaint to the composition of
the unit with the school employer or the board within the notice
period set forth in this section.
(b) Before recognizing an exclusive representative under this
section, the school employer shall post a written public notice of the
school employer's intention to recognize the school employee
organization as exclusive representative of the school employees
within the unit. The notice must be posted, for thirty (30) calendar
days immediately preceding recognition, in each of the buildings
where the school employees in any unit principally work. As added by P.L.1-2005, SEC.13.
IC 20-29-5-3 Determination of exclusive representative other than exclusive
school employee organization
Sec. 3. (a) If an exclusive school employee organization is not
determined under section 2 of this chapter, the determination of
whether a school employee organization shall be the exclusive
representative shall be determined under this section.
(b) A school employee organization may file a petition asserting
that:
(1) twenty percent (20%) of the employees in an appropriate
unit wish to be represented for collective bargaining by the
school employee organization as exclusive representative; or
(2) the designated exclusive representative is no longer the
representative of the majority of school employees in the unit.
(c) The school employer may file a petition asserting:
(1) that one (1) or more school employee organizations have
presented to the school employer a claim to be recognized as
the exclusive representative in an appropriate unit; or
(2) that the school employer has good faith doubt that the
previously certified school employee organization represents a
majority of employees in the bargaining unit.
(d) Twenty percent (20%) of the school employees in a unit may
file a petition asserting that the designated exclusive representative
is no longer the representative of the majority of school employees
in the unit.
(e) The board shall investigate a petition filed under subsection
(b), (c), or (d). If the board has reasonable cause to believe that a
question exists as to whether the designated exclusive representative
or any school employee organization represents a majority of the
school employees in a unit, the board shall provide for an appropriate
hearing within thirty (30) days. In holding a hearing, the board is not
required to comply with IC 4-21.5.
(f) If the board finds, based on the record of a hearing held under
subsection (e), that a question of representation exists, the board
shall direct an election by secret ballot in a unit the board determines
to be appropriate.
(g) Certification as the exclusive representative may be granted
only to a school employee organization that has been selected in a
secret ballot election under subsection (f), by a majority of all the
employees in an appropriate unit as their representative.
(h) An election described in subsection (f) may not be held in a
bargaining unit if a valid election has been held in the preceding
twenty-four (24) month period. As added by P.L.1-2005, SEC.13. Amended by P.L.1-2006, SEC.333. IC 20-29-5-4 Elections
Sec. 4. In any election under this chapter, the board shall:
(1) determine who is eligible to vote in the election; and
(2) establish rules governing the election. As added by P.L.1-2005, SEC.13.
IC 20-29-5-5 Ballots
Sec. 5. The ballot in an election under this chapter must contain
the following:
(1) The name of the petitioning school employee organization.
(2) The names of any other school employee organization
showing written evidence satisfactory to the board of at least
twenty percent (20%) representation of the school employees
within the unit.
(3) A provision for choosing "No representation by a school
employee organization.". As added by P.L.1-2005, SEC.13.
IC 20-29-5-6 Dues deductions
Sec. 6. (a) The school employer shall, on receipt of the written
authorization of a school employee:
(1) deduct from the pay of the employee any dues designated or
certified by the appropriate officer of a school employee
organization that is an exclusive representative of any
employees of the school employer; and
(2) remit the dues described in subdivision (1) to the school
employee organization.
(b) Deductions under this section must be consistent with:
(1) IC 22-2-6;
(2) IC 22-2-7; and
(3) IC 20-28-9-18. As added by P.L.1-2005, SEC.13.
IC 20-29-5
Chapter 5. Units and Exclusive Representatives
IC 20-29-5-1 Exclusive representatives; selection of unit
Sec. 1. (a) The exclusive representative shall serve for school
employees within certain groups referred to in this chapter as units
or bargaining units. A bargaining unit may not contain both
certificated and noncertificated employees. Subject to this limitation,
the units for which an exclusive representative serves are determined
in accordance with subsections (b) through (d).
(b) The parties may agree on the appropriate unit. For this
purpose, the parties consist of the school employer and a school
employee organization representing at least twenty percent (20%) of
the school employees in a proposed unit.
(c) If the parties do not reach an agreement on the appropriate
unit, or if a school employee in the proposed unit files a complaint
about the unit with the board, the board shall determine the proper
unit after a hearing. The board's decision must be based on but not
limited to the following considerations:
(1) Efficient administration of school operations.
(2) The existence of a community of interest among school
employees.
(3) The effects on the school corporation and school employees
of fragmentation of units.
(4) Recommendations of the parties involved.
(d) In making a determination under subsection (c), the board
shall give notice to all interested parties in accordance with the rules
of the board. In giving notice under this subsection, the board is not
required to follow IC 4-21.5. As added by P.L.1-2005, SEC.13.
IC 20-29-5-2 Recognition of school employer organization as exclusive
representative by school employer
Sec. 2. (a) A school employer may recognize as the exclusive
representative of the school employer's employees within an
appropriate unit a school employee organization that presents to the
employer evidence of the school employee organization's
representation of a majority of the school employees within the unit,
unless:
(1) another school employee organization representing twenty
percent (20%) of the school employees within the unit files
written objections to the recognition; or
(2) a school employee files a complaint to the composition of
the unit with the school employer or the board within the notice
period set forth in this section.
(b) Before recognizing an exclusive representative under this
section, the school employer shall post a written public notice of the
school employer's intention to recognize the school employee
organization as exclusive representative of the school employees
within the unit. The notice must be posted, for thirty (30) calendar
days immediately preceding recognition, in each of the buildings
where the school employees in any unit principally work. As added by P.L.1-2005, SEC.13.
IC 20-29-5-3 Determination of exclusive representative other than exclusive
school employee organization
Sec. 3. (a) If an exclusive school employee organization is not
determined under section 2 of this chapter, the determination of
whether a school employee organization shall be the exclusive
representative shall be determined under this section.
(b) A school employee organization may file a petition asserting
that:
(1) twenty percent (20%) of the employees in an appropriate
unit wish to be represented for collective bargaining by the
school employee organization as exclusive representative; or
(2) the designated exclusive representative is no longer the
representative of the majority of school employees in the unit.
(c) The school employer may file a petition asserting:
(1) that one (1) or more school employee organizations have
presented to the school employer a claim to be recognized as
the exclusive representative in an appropriate unit; or
(2) that the school employer has good faith doubt that the
previously certified school employee organization represents a
majority of employees in the bargaining unit.
(d) Twenty percent (20%) of the school employees in a unit may
file a petition asserting that the designated exclusive representative
is no longer the representative of the majority of school employees
in the unit.
(e) The board shall investigate a petition filed under subsection
(b), (c), or (d). If the board has reasonable cause to believe that a
question exists as to whether the designated exclusive representative
or any school employee organization represents a majority of the
school employees in a unit, the board shall provide for an appropriate
hearing within thirty (30) days. In holding a hearing, the board is not
required to comply with IC 4-21.5.
(f) If the board finds, based on the record of a hearing held under
subsection (e), that a question of representation exists, the board
shall direct an election by secret ballot in a unit the board determines
to be appropriate.
(g) Certification as the exclusive representative may be granted
only to a school employee organization that has been selected in a
secret ballot election under subsection (f), by a majority of all the
employees in an appropriate unit as their representative.
(h) An election described in subsection (f) may not be held in a
bargaining unit if a valid election has been held in the preceding
twenty-four (24) month period. As added by P.L.1-2005, SEC.13. Amended by P.L.1-2006, SEC.333. IC 20-29-5-4 Elections
Sec. 4. In any election under this chapter, the board shall:
(1) determine who is eligible to vote in the election; and
(2) establish rules governing the election. As added by P.L.1-2005, SEC.13.
IC 20-29-5-5 Ballots
Sec. 5. The ballot in an election under this chapter must contain
the following:
(1) The name of the petitioning school employee organization.
(2) The names of any other school employee organization
showing written evidence satisfactory to the board of at least
twenty percent (20%) representation of the school employees
within the unit.
(3) A provision for choosing "No representation by a school
employee organization.". As added by P.L.1-2005, SEC.13.
IC 20-29-5-6 Dues deductions
Sec. 6. (a) The school employer shall, on receipt of the written
authorization of a school employee:
(1) deduct from the pay of the employee any dues designated or
certified by the appropriate officer of a school employee
organization that is an exclusive representative of any
employees of the school employer; and
(2) remit the dues described in subdivision (1) to the school
employee organization.
(b) Deductions under this section must be consistent with:
(1) IC 22-2-6;
(2) IC 22-2-7; and
(3) IC 20-28-9-18. As added by P.L.1-2005, SEC.13.
