CHAPTER 6. COLLECTIVE BARGAINING
IC 20-29-6
Chapter 6. Collective Bargaining
IC 20-29-6-1
Duty to bargain collectively and discuss
Sec. 1. School employers and school employees shall:
(1) have the obligation and the right to bargain collectively the
items set forth in section 4 of this chapter;
(2) have the right and obligation to discuss any item set forth in
section 7 of this chapter; and
(3) enter into a contract embodying any of the matters on which
they have bargained collectively.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-2
Contracts
Sec. 2. A contract entered into under this chapter may not include
provisions that conflict with:
(1) any right or benefit established by federal or state law;
(2) school employee rights set forth in IC 20-29-4-1 and
IC 20-29-4-2; or
(3) school employer rights set forth in IC 20-29-4-3.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-3
Unlawful deficit financing
Sec. 3. (a) It is unlawful for a school employer to enter into any
agreement that would place the employer in a position of deficit
financing.
(b) A contract that provides for deficit financing is void to that
extent, and an individual teacher's contract executed under the
contract is void to that extent.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-4
Subjects of bargaining
Sec. 4. A school employer shall bargain collectively with the
exclusive representative on the following:
(1) Salary.
(2) Wages.
(3) Hours.
(4) Salary and wage related fringe benefits, including accident,
sickness, health, dental, or other benefits under IC 20-26-5-4
that were subjects of bargaining on July 1, 2001.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-5
Arbitration provisions
Sec. 5. A contract entered into under this chapter may contain a
grievance procedure culminating in final and binding arbitration of
unresolved grievances. However, the binding arbitration has no
power to amend, add to, subtract from, or supplement provisions of
the contract.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-6
Limitations on obligation to bargain collectively
Sec. 6. The obligation to bargain collectively does not include the
final approval of a contract concerning any items. Agreements
reached through collective bargaining are binding as a contract only
if ratified by the governing body of the school corporation and the
exclusive representative. The obligation to bargain collectively does
not require the school employer or the exclusive representative to
agree to a proposal of the other or to make a concession to the other.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-7
Subjects of discussion
Sec. 7. (a) A school employer shall discuss with the exclusive
representative of certificated employees the items listed in subsection
(b).
(b) A school employer may but is not required to bargain
collectively, negotiate, or enter into a written contract concerning, be
subject to, or enter into impasse procedures on the following matters:
(1) Working conditions, other than those provided in section 4
of this chapter.
(2) Curriculum development and revision.
(3) Textbook selection.
(4) Teaching methods.
(5) Hiring, promotion, demotion, transfer, assignment, and
retention of certificated employees, and changes to any of the
requirements set forth in IC 20-28-6 through IC 20-28-8.
(6) Student discipline.
(7) Expulsion or supervision of students.
(8) Pupil/teacher ratio.
(9) Class size or budget appropriations.
(c) Items included in the 1972-1973 agreements between an
employer school corporation and the school employee organization
continue to be bargainable.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-8
Contract, agreement, or concession not required
Sec. 8. The obligation to discuss does not require either party to
enter into a contract, agree to a proposal, or make a concession. A
failure to reach an agreement on a matter of discussion does not
require the use of any part of the impasse procedure under
IC 20-29-8.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-9
Discussions outside obligation to bargain collectively
Sec. 9. The obligation to bargain collectively or discuss a matter
does not prevent:
(1) a school employee from petitioning the school employer,
governing body, or superintendent for a redress of the
employee's grievances, either individually or through the
exclusive representative; or
(2) the school employer or superintendent from conferring with
a citizen, taxpayer, student, school employee, or other person
considering the operation of the schools and the school
corporation.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-10
Recommendations by superintendent
Sec. 10. Nothing shall prevent a superintendent or the
superintendent's designee from making recommendations to the
school employer.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-11
Chapter does not limit rights of school employer and exclusive
representative
Sec. 11. This chapter may not be construed to limit the rights of
the school employer and the exclusive representative to mutually
agree to the matters authorized under IC 20-28-7-13.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-12
Commencement of collective bargaining
Sec. 12. Collective bargaining between a school corporation and
the exclusive representative shall begin not later than one hundred
eighty (180) days before the submission date of a budget by a school
employer.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-13
Appointment of mediator
Sec. 13. At any time after the one hundred eighty (180) days
described in section 12 of this chapter has begun, the board shall
appoint a mediator if either party declares an impasse either:
(1) in the scope of the items that are to be bargained
collectively; or
(2) on the substance of any item to be bargained collectively.
If after five (5) days the mediator is unsuccessful in finding a
solution to the problems or in causing the parties to reach agreement,
either party may request the board to initiate factfinding on the items
that the parties are obligated to bargain collectively.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-14
Initiation of mediation
Sec. 14. If an agreement has not been reached on the items to be
bargained collectively seventy-five (75) days before the submission
date of a budget by a school employer, the board shall initiate
mediation.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-15
Initiation of factfinding
Sec. 15. If an agreement has not been reached on the items to be
bargained collectively forty-five (45) days before the submission date
of a budget by a school employer, the board shall initiate factfinding.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-16
Status quo period
Sec. 16. (a) If an agreement has not been reached on the items to
be bargained collectively fourteen (14) days before the submission
date of a budget by a school employer, the parties shall continue the
status quo, and the school employer may issue tentative individual
contracts and prepare its budget on that basis. During this status quo
period, in order to allow the successful resolution of the dispute, the
school employer may not unilaterally change the terms or conditions
of employment that are issues in dispute.
(b) This section may not be construed as relieving the school
employer or the school employee organization from the duty to
bargain collectively until a mutual agreement has been reached and
a contract entered as called for in this chapter.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-17
Request for mediation or factfinding
Sec. 17. At any time after the one hundred eighty (180) days
described in section 12 of this chapter has begun:
(1) either party may request mediation or factfinding on items;
or
(2) the parties may act together to request mediation or
factfinding on any items;
that must be bargained collectively under section 4 of this chapter.
As added by P.L.1-2005, SEC.13.