CHAPTER 22. MEET AND CONFER FOR PUBLIC SAFETY EMPLOYEES
IC 36-8-22
Chapter 22. Meet and Confer for Public Safety Employees
IC 36-8-22-1
Application of chapter
Sec. 1. This chapter applies after December 31, 2007.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-2
"Employee"
Sec. 2. As used in this chapter, "employee" means a full-time
employee of a police or fire department. However, the term does not
include an employee in an upper level policymaking position.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-3
"Employee organization"
Sec. 3. As used in this chapter, "employee organization" means an
organization:
(1) that includes employees as members; and
(2) whose primary purpose is to represent the members of the
organization on issues concerning grievances, wages, rates of
pay, hours of employment, conditions of employment, or
becoming an exclusive recognized representative.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-4
"Employer"
Sec. 4. As used in this chapter, "employer" means a unit.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-5
"Exclusive recognized representative"
Sec. 5. As used in this chapter, "exclusive recognized
representative" means an employee organization elected under
section 9 of this chapter.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-6
"Strike"
Sec. 6. As used in this chapter, "strike" means a:
(1) work stoppage by two (2) or more employees to enforce
compliance with demands made on an employer; or
(2) temporary stoppage of work activities by two (2) or more
employees in protest against an act or condition.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-7
Exemptions; existing agreements
Sec. 7. (a) Except as provided in section 15 of this chapter, this
chapter does not apply to an employer with a population of less than
seven thousand (7,000).
(b) This chapter does not apply to an employer that has adopted
by:
(1) ordinance;
(2) resolution;
(3) amendment; or
(4) executive order;
provisions and procedures that permit an employee to form, join, or
assist an employee organization to bargain collectively.
(c) For:
(1) a collective bargaining agreement; or
(2) a memorandum of understanding;
entered into between an employer and an employee organization or
a recognized representative before January 1, 2008, this chapter may
not be construed to annul, modify, or limit the agreement or
memorandum during the term of the agreement or memorandum.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-8
Employee rights
Sec. 8. (a) All employees have the right to:
(1) meet and freely assemble to discuss their interests as
employees on the employees' own time;
(2) form an employee organization on the employees' own time;
and
(3) join and assist an employee organization.
(b) The rights guaranteed under subsection (a) include the right to:
(1) solicit membership;
(2) join an employee organization to present the view of the
employee; and
(3) have dues deducted from employee wages and submitted to
the exclusive recognized representative.
(c) An employee may not be required to:
(1) become a member of; or
(2) pay dues to;
an employee organization.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-9
Election of exclusive recognized representative
Sec. 9. (a) An employee organization is the exclusive recognized
representative of the employees of an employer if:
(1) before January 1, 2008, the employee organization was
recognized by the employer as the sole representative of the
employer's employees; or
(2) after December 31, 2007, the employee organization is
elected to be the exclusive recognized representative under
subsection (c).
(b) After December 31, 2007, an employer shall conduct an
election to determine an exclusive recognized representative if at
least thirty percent (30%) of the employees of the employer sign a
petition requesting such an election. The election shall be conducted
at least thirty (30) but not more than sixty (60) days after the
employer receives the petition.
(c) An employee organization becomes the exclusive recognized
representative of the employees of the employer if it receives more
than fifty percent (50%) of the votes cast in an election conducted
under subsection (b).
(d) An election under subsection (b) to determine an exclusive
recognized representative may not be conducted more often than
once every two (2) years.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-10
Employer rights
Sec. 10. This chapter is not intended to circumscribe or modify
the existing right of an employer to:
(1) direct the work of the employer's employees;
(2) hire, promote, demote, transfer, assign, and retain
employees in positions;
(3) suspend, discharge, or otherwise discipline employees for
just cause;
(4) maintain the efficiency of governmental operations;
(5) relieve employees from duties because of lack of work or for
other legitimate reasons; or
(6) take actions that may be necessary to carry out the mission
of the employer in emergencies.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-11
Prohibited employer practices
Sec. 11. An employer may not do the following:
(1) Interfere with, restrain, or coerce employees in the exercise
of the rights guaranteed under this chapter.
(2) Dominate, interfere with, or assist in the formation or
administration of an employee organization, or contribute
financial or other support to an employee organization.
However, an employer may permit employees to meet and
confer and represent employee interests during working hours
without loss of time or pay.
(3) Discriminate in regard to hiring or conditions of
employment to encourage or discourage membership in an
employee organization.
(4) Discharge or otherwise discriminate against an employee
because the employee has filed a complaint, an affidavit, or a
petition or has given information or testified under this chapter.
(5) Refuse to meet and confer in good faith with an exclusive
recognized representative.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-12
Written notice by exclusive recognized representative; employer
required to meet and confer
Sec. 12. (a) An exclusive recognized representative of the
employees of an employer that elects to meet and confer with an
employer must notify the employer in writing that the exclusive
recognized representative intends to exercise its rights under this
chapter.
(b) Except as provided by section 13 of this chapter, an employer
who has received a written notice under subsection (a) shall meet and
confer in good faith at reasonable times, including meeting in
advance of the budget making process, to discuss issues and
proposals regarding wages, hours of employment, and other
conditions and terms of employment with the exclusive recognized
representative.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-13
Employer election to meet and confer; termination of duty to meet
and confer
Sec. 13. (a) An employer is not required to meet and confer with
an exclusive recognized representative under this chapter unless the
exclusive recognized representative has notified the employer in
writing that the exclusive recognized representative elects to exercise
its rights under this chapter.
(b) Notwithstanding subsection (a), an employer may elect to
meet and confer and enter into an agreement under section 12 of this
chapter even if the employer did not receive a written notice from an
exclusive recognized representative.
(c) Notwithstanding any other provision of this chapter, an
employer may elect to terminate its duty to meet and confer with an
exclusive recognized representative under this chapter if:
(1) after meeting and conferring with the exclusive recognized
representative under section 12 of this chapter, the employer
and the exclusive recognized representative are unable to reach
a written agreement under this chapter; and
(2) at least fifty percent (50%) of the members of the legislative
body of the employer vote to terminate the employer's duty to
meet and confer with the exclusive recognized representative
under this chapter and written notice of the action of the
legislative body is given to the exclusive recognized
representative.
(d) An exclusive recognized representative that receives a
termination notice from an employer under subsection (c)(2) must
wait at least one (1) year after the date the exclusive recognized
representative receives the notice to notify the employer of the
exclusive recognized representative's election under subsection (a)
to exercise its rights under this chapter.
As added by P.L.48-2007, SEC.1. Amended by P.L.3-2008, SEC.268.
IC 36-8-22-14
Deficit financing prohibited
Sec. 14. (a) As used in this section, "deficit financing" means
making expenditures that exceed the money legally available to an
employer in any budget year.
(b) An employer may not enter into an agreement under section
12 of this chapter that will place the employer in a position of deficit
financing. An agreement is voidable to the extent that an employer
must engage in deficit financing to comply with the agreement.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-15
No strike participation; employee discharge; loss of right of
representation
Sec. 15. (a) This section applies to employees of an employer
regardless of population.
(b) An employee, an employee organization, or an exclusive
recognized representative may not participate in or encourage
participation in a strike against an employer.
(c) An employee engaging in a strike is subject to discharge by the
employer as provided in IC 36-8-3-4.
(d) An exclusive recognized representative that engages in or
sanctions a strike loses the right to represent the employees for at
least ten (10) years after the date of the action.
(e) An employer may not pay an employee for days the employee
is engaged in a strike.
As added by P.L.48-2007, SEC.1.
IC 36-8-22-16
Maximum agreement term
Sec. 16. The term of any written agreement entered into under
section 12 of this chapter may not exceed forty-eight (48) months.
As added by P.L.48-2007, SEC.1.