CHAPTER 3. INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD
IC 20-29-3
Chapter 3. Indiana Education Employment Relations Board
IC 20-29-3-1
Establishment of board
Sec. 1. The Indiana education employment relations board is
established.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-2
Members
Sec. 2. The board consists of three (3) members appointed by the
governor to serve at the governor's pleasure.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-3
Chairperson
Sec. 3. The governor shall designate one (1) member of the board
to serve as chairperson.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-4
Political affiliation of board members
Sec. 4. Not more than two (2) members of the board may be
members of the same political party.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-5
Terms and vacancies
Sec. 5. Each member of the board is appointed for a term of four
(4) years. A member appointed to fill a vacancy is appointed for the
unexpired term of the member whom the appointed member is to
succeed.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-6
Qualifications
Sec. 6. Members may not:
(1) hold:
(A) another public office; or
(B) employment by the state, a public agency, or a public
employer;
(2) be an officer or employee of a school employee organization
or any affiliate of an organization; or
(3) represent a:
(A) school employer; or
(B) school employee organization, or an organization's
affiliates.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-7
Member on university teaching staff
Sec. 7. Section 6 of this chapter does not apply to an individual on
the teaching staff of a university who is knowledgeable in public
administration or labor law if the individual is not actively engaged,
other than as a member, with any labor or employee organization.
This section shall be construed liberally to effectuate the intent of the
general assembly.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-8
Chairperson's duties
Sec. 8. The chairperson of the board shall give full time to the
chairperson's duties and may not engage in any other business,
vocation, or employment.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-9
Compensation
Sec. 9. The members of the board (other than the chairperson)
receive as compensation payment equal to that of the chairperson,
computed on a daily rate and paid for every day actually spent
serving on the board.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-10
Quorum
Sec. 10. Two (2) members of the board constitute a quorum.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-11
Powers
Sec. 11. The board has the following powers:
(1) To adopt an official seal and prescribe the purposes for
which the seal may be used.
(2) To hold hearings and make inquiries as the board considers
necessary to carry out properly the board's functions and
powers.
(3) To establish a principal office in Indianapolis.
(4) To meet and exercise the board's powers at any other place
in Indiana.
(5) To conduct in any part of Indiana a proceeding, a hearing,
an investigation, an inquiry, or an election necessary to the
performance of the board's functions. For this purpose, the
board may designate one (1) member, or an agent or agents, as
hearing examiners. The board may use voluntary and
uncompensated services as needed.
(6) To appoint staff and attorneys as the board finds necessary
for the proper performance of its duties. The attorneys
appointed under this section may, at the direction of the board,
appear for and represent the board in court.
(7) To pay the reasonable and necessary traveling and other
expenses of an employee, a member, or an agent of the board.
(8) To subpoena witnesses and issue subpoenas requiring the
production of books, papers, records, and documents that may
be needed as evidence in any matter under inquiry, and to
administer oaths and affirmations. In cases of neglect or refusal
to obey a subpoena issued to a person, the circuit or superior
court of the county in which the investigations or the public
hearings are taking place, upon application by the board, shall
issue an order requiring the person to:
(A) appear before the board; and
(B) produce evidence about the matter under investigation.
A failure to obey the order may be punished by the court as a
contempt. A subpoena, notice of hearing, or other process of the
board issued under this chapter shall be served in the manner
prescribed by the Indiana Rules of Trial Procedure.
(9) To adopt, amend, or rescind rules the board considers
necessary and administratively feasible to carry out this chapter
under IC 4-22-2.
(10) To request from any public agency the assistance, services,
and data that will enable the board properly to carry out the
board's functions and powers.
(11) To publish and report in full an opinion in every case
decided by the board.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-12
Functions of board staff
Sec. 12. The board shall organize the board's staff to provide for
the functions of:
(1) unit determination;
(2) unfair labor practice processing;
(3) conciliation and mediation;
(4) factfinding; and
(5) research.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-13
Conciliation; mediation; factfinding
Sec. 13. In connection with conciliation and mediation or
factfinding, the board may:
(1) use full-time employees; or
(2) appoint employees for specific cases from a panel the board
establishes.
As added by P.L.1-2005, SEC.13.
IC 20-29-3-14
Research division
Sec. 14. The board's research division must be organized to
provide:
(1) statistical data on the resources of each school corporation;
(2) the substance of any agreements reached by each school
corporation; and
(3) other relevant data.
As added by P.L.1-2005, SEC.13.