IC 20-29-8-1 Purposes of mediation of disputes
Sec. 1. The purposes of mediation of disputes between school
employers and exclusive representatives are the following:
(1) To delineate the problems involved in bargaining
collectively.
(2) To find solutions that can reasonably be accepted by both
parties.
(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 under
IC 20-29-6, the board shall appoint a mediator from the staff or panel
established 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. The
mediator is not subject to the subpoena power of courts or other
administrative agencies of the state regarding the subjects discussed
as 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 advisory
opinion whenever the parties are unable by themselves, or through
a 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 be
mediators.
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 under
IC 20-29-6, the board shall appoint a factfinder from the staff or
panel established under section 6 of this chapter.
(b) The factfinder shall make an investigation and hold hearings
as the factfinder considers necessary in connection with a dispute.
(c) The factfinder may restrict the factfinder's findings to those
issues that the factfinder determines significant.
(d) The factfinder may use evidence furnished to the factfinder
by:
(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 the
settlement of the disputes over which the factfinder has jurisdiction.
(f) The factfinder shall:
(1) make the investigation, hearing, and findings as
expeditiously 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 parties
based on information in:
(1) the report; or
(2) the board's own possession.
(h) At any time within five (5) days after the findings and
recommendations are delivered to the board, the board may make the
findings and recommendations of the factfinder and the board's
additional findings and recommendations, if any, available to the
public through news media and other means the board considers
effective.
(i) The board shall make the findings and recommendations
described in subsection (h) available to the public not later than ten
(10) days after the findings and recommendations are delivered to the
board. 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 factfinder
is not bound by IC 4-21.5. The factfinder shall, however, consider
the following factors:
(1) Past memoranda of agreements and contracts between the
parties.
(2) Comparisons of wages and hours of the employees involved
with wages of other employees working for other public
agencies 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 whether
any settlement will cause the school corporation to engage in
deficit 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 may
also at any time submit any issue in dispute to final and binding
arbitration to an arbitrator appointed by the board. The award in the
arbitration constitutes the final contract between the parties for the
issue. 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 dispute
between a school employer and an exclusive representative may not
serve as a factfinder or an arbitrator in a dispute arising in the same
school corporation within a period of five (5) years except by the
mutual 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 a
full-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 or
factfinder.
(2) The cost of an arbitrator, which shall be reimbursed
equally by the two (2) parties under procedures for
collection 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 recommendations
under subsection (a), may make additional findings and
recommendations to the parties based upon information in the report
or 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 under
subsection (a), make the findings and recommendations of the
factfinder and the board's additional findings and recommendations,
if any, available to the public through the news media and any other
means. As added by P.L.1-2005, SEC.13.
IC 20-29-8-14 Further mediation and factfinding upon issuance of tentative
individual contracts
Sec. 14. If a school employer issues tentative individual contracts,
the board shall provide for further mediation and factfinding until an
agreement is reached. As added by P.L.1-2005, SEC.13.
IC 20-29-8-1 Purposes of mediation of disputes
Sec. 1. The purposes of mediation of disputes between school
employers and exclusive representatives are the following:
(1) To delineate the problems involved in bargaining
collectively.
(2) To find solutions that can reasonably be accepted by both
parties.
(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 under
IC 20-29-6, the board shall appoint a mediator from the staff or panel
established 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. The
mediator is not subject to the subpoena power of courts or other
administrative agencies of the state regarding the subjects discussed
as 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 advisory
opinion whenever the parties are unable by themselves, or through
a 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 be
mediators.
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 under
IC 20-29-6, the board shall appoint a factfinder from the staff or
panel established under section 6 of this chapter.
(b) The factfinder shall make an investigation and hold hearings
as the factfinder considers necessary in connection with a dispute.
(c) The factfinder may restrict the factfinder's findings to those
issues that the factfinder determines significant.
(d) The factfinder may use evidence furnished to the factfinder
by:
(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 the
settlement of the disputes over which the factfinder has jurisdiction.
(f) The factfinder shall:
(1) make the investigation, hearing, and findings as
expeditiously 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 parties
based on information in:
(1) the report; or
(2) the board's own possession.
(h) At any time within five (5) days after the findings and
recommendations are delivered to the board, the board may make the
findings and recommendations of the factfinder and the board's
additional findings and recommendations, if any, available to the
public through news media and other means the board considers
effective.
(i) The board shall make the findings and recommendations
described in subsection (h) available to the public not later than ten
(10) days after the findings and recommendations are delivered to the
board. 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 factfinder
is not bound by IC 4-21.5. The factfinder shall, however, consider
the following factors:
(1) Past memoranda of agreements and contracts between the
parties.
(2) Comparisons of wages and hours of the employees involved
with wages of other employees working for other public
agencies 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 whether
any settlement will cause the school corporation to engage in
deficit 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 may
also at any time submit any issue in dispute to final and binding
arbitration to an arbitrator appointed by the board. The award in the
arbitration constitutes the final contract between the parties for the
issue. 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 dispute
between a school employer and an exclusive representative may not
serve as a factfinder or an arbitrator in a dispute arising in the same
school corporation within a period of five (5) years except by the
mutual 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 a
full-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 or
factfinder.
(2) The cost of an arbitrator, which shall be reimbursed
equally by the two (2) parties under procedures for
collection 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 recommendations
under subsection (a), may make additional findings and
recommendations to the parties based upon information in the report
or 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 under
subsection (a), make the findings and recommendations of the
factfinder and the board's additional findings and recommendations,
if any, available to the public through the news media and any other
means. As added by P.L.1-2005, SEC.13.
IC 20-29-8-14 Further mediation and factfinding upon issuance of tentative
individual contracts
Sec. 14. If a school employer issues tentative individual contracts,
the board shall provide for further mediation and factfinding until an
agreement is reached. As added by P.L.1-2005, SEC.13.
IC 20-29-8-1 Purposes of mediation of disputes
Sec. 1. The purposes of mediation of disputes between school
employers and exclusive representatives are the following:
(1) To delineate the problems involved in bargaining
collectively.
(2) To find solutions that can reasonably be accepted by both
parties.
(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 under
IC 20-29-6, the board shall appoint a mediator from the staff or panel
established 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. The
mediator is not subject to the subpoena power of courts or other
administrative agencies of the state regarding the subjects discussed
as 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 advisory
opinion whenever the parties are unable by themselves, or through
a 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 be
mediators.
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 under
IC 20-29-6, the board shall appoint a factfinder from the staff or
panel established under section 6 of this chapter.
(b) The factfinder shall make an investigation and hold hearings
as the factfinder considers necessary in connection with a dispute.
(c) The factfinder may restrict the factfinder's findings to those
issues that the factfinder determines significant.
(d) The factfinder may use evidence furnished to the factfinder
by:
(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 the
settlement of the disputes over which the factfinder has jurisdiction.
(f) The factfinder shall:
(1) make the investigation, hearing, and findings as
expeditiously 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 parties
based on information in:
(1) the report; or
(2) the board's own possession.
(h) At any time within five (5) days after the findings and
recommendations are delivered to the board, the board may make the
findings and recommendations of the factfinder and the board's
additional findings and recommendations, if any, available to the
public through news media and other means the board considers
effective.
(i) The board shall make the findings and recommendations
described in subsection (h) available to the public not later than ten
(10) days after the findings and recommendations are delivered to the
board. 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 factfinder
is not bound by IC 4-21.5. The factfinder shall, however, consider
the following factors:
(1) Past memoranda of agreements and contracts between the
parties.
(2) Comparisons of wages and hours of the employees involved
with wages of other employees working for other public
agencies 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 whether
any settlement will cause the school corporation to engage in
deficit 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 may
also at any time submit any issue in dispute to final and binding
arbitration to an arbitrator appointed by the board. The award in the
arbitration constitutes the final contract between the parties for the
issue. 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 dispute
between a school employer and an exclusive representative may not
serve as a factfinder or an arbitrator in a dispute arising in the same
school corporation within a period of five (5) years except by the
mutual 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 a
full-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 or
factfinder.
(2) The cost of an arbitrator, which shall be reimbursed
equally by the two (2) parties under procedures for
collection 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 recommendations
under subsection (a), may make additional findings and
recommendations to the parties based upon information in the report
or 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 under
subsection (a), make the findings and recommendations of the
factfinder and the board's additional findings and recommendations,
if any, available to the public through the news media and any other
means. As added by P.L.1-2005, SEC.13.
IC 20-29-8-14 Further mediation and factfinding upon issuance of tentative
individual contracts
Sec. 14. If a school employer issues tentative individual contracts,
the board shall provide for further mediation and factfinding until an
agreement is reached. As added by P.L.1-2005, SEC.13.
