§ 20-29-5-1 — Exclusive representatives; selection of unit

(a) The exclusive representative shall serve for
school employees within certain groups referred to in this chapter as
units or bargaining units. A bargaining unit may not contain both
certificated and noncertificated employees. Subject to this limitation,
the units for which an exclusive representative serves are determined
in accordance with subsections (b) through (d).
(b) The parties may agree on the appropriate unit. For this purpose,
the parties consist of the school employer and a school employee
organization representing at least twenty percent (20%) of the school
employees in a proposed unit.
(c) If the parties do not reach an agreement on the appropriate unit,
or if a school employee in the proposed unit files a complaint about the
unit with the board, the board shall determine the proper unit after a
hearing. The board's decision must be based on but not limited to the
following considerations:
(1) Efficient administration of school operations.
(2) The existence of a community of interest among school
employees.
(3) The effects on the school corporation and school employees
of fragmentation of units.
(4) Recommendations of the parties involved.
(d) In making a determination under subsection (c), the board shall
give notice to all interested parties in accordance with the rules of the
board. In giving notice under this subsection, the board is not required
to follow IC 4-21.5.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-7.5-1-10(a).]

Legislative History

As added by P.L.1-2005, SEC.13.