CHAPTER 2. PUBLIC UTILITY LABOR DISPUTES
IC 22-6-2
Chapter 2. Public Utility Labor Disputes
IC 22-6-2-1
Public policy
Sec. 1. It is hereby declared to be the public policy of the state of
Indiana that it is necessary and essential in the public interest to
facilitate the prompt, peaceful and just settlement of labor disputes
between public utility employers and their employees which cause
or threaten to cause an interruption in the supply of services
necessary to the health, safety, and well-being of the citizens of
Indiana, and to that end to encourage the making and maintaining of
agreements concerning wages, hours and other conditions of
employment through collective bargaining between public utility
employers and their employees, and to provide settlement procedures
for labor disputes between public utility employers and their
employees in cases where the collective bargaining process has
reached an impasse and stalemate and as a result thereof the parties
are unable to effect such settlement and which labor disputes, if not
settled, are likely to cause interruption of the supply of a public
utility service on which the community so affected is so dependent
that severe hardship would be inflicted on a substantial number of
persons by a cessation of such service.
(Formerly: Acts 1947, c.341, s.1.)
IC 22-6-2-2
Definitions
Sec. 2. As used in this chapter:
(a) The term "public utility employer" means an employer
engaged in the business of rendering electric, gas, water, telephone,
or transportation services to the public in this state.
(b) The term "collective bargaining" means collective bargaining
of or similar to the kind provided for by 29 U.S.C. 151 through 169
and as interpreted by decisions of the Supreme Court of the United
States arising under 29 U.S.C. 151 through 169.
(Formerly: Acts 1947, c.341, s.2.) As amended by P.L.144-1986,
SEC.164.
IC 22-6-2-3
Settlement of disputes; reasonable efforts
Sec. 3. It shall be the duty of public utility employers and their
employees in public utility operations to exert every reasonable
effort to settle such labor disputes by the making of agreements
through collective bargaining between the parties, and by the
maintaining thereof when made, and to prevent, if possible, the
collective bargaining process from reaching a state of impasse and
stalemate.
(Formerly: Acts 1947, c.341, s.3.)
IC 22-6-2-4
Conciliators; boards of arbitration; appointment
Sec. 4. Not later than April 13, 1947, the governor shall appoint:
(a) a panel of ten (10) persons to serve as conciliators under the
provisions of this chapter; and
(b) a panel of thirty (30) persons to serve as members of the
boards of arbitration provided for by this chapter.
No person serving on the conciliator's panel shall at the same time
serve on the board of arbitrators panel. Each person appointed to
either of said panels shall be a resident of the state of Indiana
possessing, in the judgment of the governor, the requisite experience
and judgment to qualify such person capably and fairly to deal with
labor dispute problems. All such appointments shall be made without
consideration of the political affiliations of the appointee. Each such
appointee shall take an oath to perform honestly and to the best of his
ability the duties of conciliator or arbitrator, as the case may be. Any
such appointee may be removed by the governor at any time or may
resign his position at any time by notice in writing to the governor.
Any vacancy in either of the panels shall be filled by the governor
within thirty (30) days after such vacancy occurs. Such conciliators
and arbitrators shall be paid no compensation for their services as
such, except as provided in this chapter.
(Formerly: Acts 1947, c.341, s.4.) As amended by P.L.144-1986,
SEC.165.
IC 22-6-2-5
Stalemates; conciliators; compensation
Sec. 5. If in any case of a labor dispute between a public utility
employer and its employees the collective bargaining process reaches
an impasse and stalemate, with the result that the employer and the
employees are unable to effect a settlement thereof, then either party
to the dispute may petition the governor to appoint a conciliator from
the panel of conciliators provided for by section 4 of this chapter.
Upon the filing of such petition, the governor shall consider the
same, and if in his opinion the collective bargaining process,
notwithstanding good faith efforts on the part of both sides to such
dispute, has reached an impasse and stalemate and such dispute if not
settled will cause or is likely to cause the interruption of the supply
of a service on which the community so affected is so dependent that
severe hardship would be inflicted on a substantial number of
persons by a cessation of such service, the governor shall appoint a
conciliator from the conciliators panel to attempt to effect the
settlement of such dispute. Such conciliator shall be allowed
reasonable compensation for his services and for his necessary
expenses in an amount to be fixed by the governor, such
compensation and expenses to be paid out of the general fund of the
state of Indiana; and there is hereby appropriated out of the general
fund sufficient moneys to meet such payments.
(Formerly: Acts 1947, c.341, s.5.) As amended by P.L.144-1986,
SEC.166.
IC 22-6-2-6
Conciliators; hearings; strikes, slowdowns, or lockouts pending
negotiations
Sec. 6. The conciliator so named shall expeditiously meet with the
disputing parties and shall exert every reasonable effort to effect a
prompt settlement of such dispute. From and after the filing of a
petition with the governor as provided for in section 5 of this chapter,
and unless the governor should determine that the failure to settle the
dispute with respect to which such petition relates would not cause
severe hardship to be inflicted on a substantial number of persons,
there shall be no interruption of work and no strikes or slowdowns
by the employees, and there shall be no lockout or other work
stoppage by the employer, until such time as all procedure provided
for by this chapter has been exhausted or during the effective period
of any order issued by a board of arbitration under this chapter.
(Formerly: Acts 1947, c.341, s.6.) As amended by P.L.144-1986,
SEC.167.
IC 22-6-2-7
Boards of arbitration; appointment; compensation and expenses
Sec. 7. If the conciliator so named is unable to effect a settlement
of such dispute within a thirty (30) day period after his appointment,
he shall report such fact to the governor, and the governor, if he
believes that a continuation of the dispute will cause or is likely to
cause the interruption of the supply of a service on which the
community so affected is so dependent that severe hardship would be
inflicted on a substantial number of persons by a cessation of such
service, shall appoint a board of arbitration to hear and determine
such dispute. The board of arbitration shall consist of three (3)
members chosen by the governor from the board of arbitrators panel
provided for in section 4 of this chapter. A new board shall be chosen
by the governor for each separate dispute, but the same board may
hear any number of issues or grievances which are involved at the
same time in any dispute between the same employer and his
employees. Members of such board of arbitration shall be allowed
reasonable compensation for their services and for their necessary
expenses in an amount to be fixed by the governor, and such
compensation and expenses shall be shared equally by the parties to
the dispute.
(Formerly: Acts 1947, c.341, s.7.) As amended by P.L.144-1986,
SEC.168.
IC 22-6-2-8
Boards of arbitration; representatives of parties; advisory parties
Sec. 8. Each party to the dispute shall be entitled to designate one
(1) representative to sit with the board of arbitrators, but such
representatives shall sit in an advisory capacity only and without
vote.
(Formerly: Acts 1947, c.341, s.8.)
IC 22-6-2-9
Boards of arbitration; hearings; evidence; right to counsel
Sec. 9. The board of arbitration shall promptly hold hearings and
shall have the power to administer oaths and compel the attendance
of witnesses and the furnishing by the parties of such information as
may be necessary to a determination of the issue or issues in dispute.
Both parties to the dispute shall have the opportunity to be present at
the hearing, both personally and by counsel, and to present such oral
and documentary evidence as the board shall deem relevant to the
issue or issues in controversy.
(Formerly: Acts 1947, c.341, s.9.)
IC 22-6-2-10
Boards of arbitration; findings of fact; arbitrable issues
Sec. 10. It shall be the duty of the board to make written findings
of fact, and to promulgate a written decision and order, upon the
issue or issues presented in each case. In making such findings the
board shall consider only, and be bound only, by the evidence
submitted by the parties to the dispute. When a valid contract is in
effect defining the rights, duties and liabilities of the parties with
respect to any matter in dispute, the board shall have power only to
determine the proper interpretation and application of the contract
provisions which are involved. Where there is no contract between
the parties, or where there is a contract but the parties have begun
negotiations looking to a new contract or amendment of the existing
contract, and wage rates or other conditions of employment under the
proposed new or amended contract are in dispute, the board shall
establish rates of pay and conditions of employment which are
comparable to the prevalent wage rates paid and conditions of
employment maintained for the same or similar work of workers
exhibiting like or similar skills under the same or similar working
conditions, by like public utility employers, if any, in the same labor
market area, and if none, in adjoining labor market areas within the
state of Indiana, and which in addition thereto bear a generally
comparable relationship to wage rates paid and conditions of
employment maintained by all other employers in the same labor
market area. The board shall determine in each case, based upon the
evidence presented and received by the board, what constitutes in
that case "the same labor market area" or "adjoining labor market
areas in the state of Indiana;" and where an employer has more than
one (1) plant or office and some or all of such plurality of plants or
offices are found by the board to be located in separate labor market
areas, the board shall establish separate wage rates or schedules of
wage rates, and separate conditions of employment, for all plants and
offices in each such labor market area. In establishing wage rates the
board shall take into consideration the overall compensation
presently received by the employees, having regard not only to wages
for time actually worked but also to wages for time not worked,
including (without limiting the generality of the foregoing) vacations,
holidays, and other excused time, and all benefits received, including
insurance and pensions, and the continuity and stability of
employment enjoyed by the employees.
(Formerly: Acts 1947, c.341, s.10.)
IC 22-6-2-11
Boards of arbitration; findings, decision, and order
Sec. 11. The board of arbitration shall hand down its findings,
decision, and order (referred to in this section as its order) within
sixty (60) days after its appointment; provided, however, that the
governor may for good cause extend said period for not to exceed an
additional sixty (60) days. If all three (3) members of the board do
not agree, the order of the majority shall constitute the order of the
board. The board shall furnish to each of the parties a copy of its
order. A certified copy thereof shall be filed in the office of the clerk
of the circuit court of the county wherein the dispute arose or in the
office of the clerk of the circuit court of any county where the
employer operates or maintains an office or place of business. Unless
such order is reversed upon a petition for review filed pursuant to the
provisions of section 12 of this chapter, such order, together with
such agreements as the parties may themselves have reached, shall
become binding upon and shall control the relationship between the
parties from the date such order is filed with the clerk of the circuit
court as aforesaid and shall continue effective for one (1) year from
that date, but such order may be changed by mutual consent or
agreement of the parties. No order of the board relating to wages or
rates of pay shall be retroactive to a date before the date of the
termination of any contract which may have existed between the
parties, or, if there was no such contract, to a date before the day on
which the governor appointed a conciliator in such dispute.
(Formerly: Acts 1947, c.341, s.11.) As amended by P.L.144-1986,
SEC.169.
IC 22-6-2-12
Boards of arbitration; order; review; change of venue or judge
Sec. 12. Either party to the dispute may within fifteen (15) days
from the date such order is filed with the clerk of the court petition
the circuit court of any county, in which the employer operates or has
an office or place of business, for a review of such order on the
ground (a) that the parties were not given reasonable opportunity to
be heard, or (b) that the board of arbitration exceeded its powers, or
(c) that the order is unreasonable in that it is not supported by the
evidence, or (d) that the order was procured by fraud, collusion, or
other unlawful means or methods. A summons to the other party to
the dispute shall be issued as provided by law in other civil cases;
and either party shall have the same rights to a change of venue from
the county, or to a change of judge, as provided by law in other civil
cases. The judge of the circuit court, without the intervention of a
jury, shall hear the evidence adduced by both parties with respect to
the issue raised by such petition and may reverse said order only if
he finds that (a) one (1) of the parties was not given reasonable
opportunity to be heard, or (b) that the board of arbitration exceeded
its powers, or (c) that the order is unreasonable in that it is not
supported by the evidence, or (d) that the order was procured by
fraud, collusion, or other unlawful means or methods. The decision
of the judge of the circuit court shall be final. If the court reverses
said order for one (1) of the reasons stated herein, the clerk of said
court shall certify the court's decision to the governor, who may
either attempt further conciliation or may appoint another board of
arbitration, as hereinabove provided for, in the event that the parties
do not prefer first to engage in further collective bargaining in an
attempt to settle such dispute.
(Formerly: Acts 1947, c.341, s.12.)
IC 22-6-2-13
Strikes, work stoppages, slowdowns, or lockouts; violations
Sec. 13. (a) It is unlawful for any group of employees acting in
concert to call a strike, to go out on strike, to cause any work
stoppage or slowdown in violation of this chapter; it is unlawful for
any employer to lock out his employees in violation of this chapter;
and it is unlawful for any person to instigate, to induce, to conspire
with, or to encourage any other person to engage in any strike,
lockout, slowdown, or work stoppage in violation of this chapter.
(b) A person who recklessly violates this chapter commits a Class
B misdemeanor.
(Formerly: Acts 1947, c.341, s.13.) As amended by Acts 1978, P.L.2,
SEC.2228.
IC 22-6-2-14
Injunctions
Sec. 14. Any person adversely affected by reason of any violation
of the provisions of this chapter may file an action in the circuit court
of the county in which any such violation occurs to restrain and
enjoin such violation and to compel the performance of the duties
imposed by this chapter. In any such action the provisions of
IC 22-6-1 shall not apply.
(Formerly: Acts 1947, c.341, s.14.) As amended by P.L.144-1986,
SEC.170.
IC 22-6-2-15
Involuntary servitude
Sec. 15. Nothing in this chapter shall be construed to require an
individual employee to render labor or service without his consent,
or to make illegal the quitting of his labor or service or the
withdrawal from his place of employment unless done in concert or
by agreement with others. No court shall have power to issue any
process to compel an individual employee to render labor or service
or to remain at his place of employment without his consent. It is the
intent of this chapter only to forbid employees to leave their
employment in concert or to cause a work slowdown or stoppage in
concert and to forbid an employer to lock out his employees in any
case where the resultant interruption of public service would cause
severe hardship to a substantial number of persons.
(Formerly: Acts 1947, c.341, s.15.) As amended by P.L.144-1986,
SEC.171.