§ 20-29-5-3 — Determination of exclusive representative other than exclusive school employee organization

Indiana § 20-29-5-3

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 29: COLLECTIVE BARGAINING FOR TEACHERS
• Ch. 5: Units and Exclusive Representatives

Text

(a) If an exclusive school employee
organization is not determined under section 2 of this chapter, the
determination of whether a school employee organization shall be the
exclusive representative shall be determined under this section.
(b) A school employee organization may file a petition asserting
that:
(1) twenty percent (20%) of the employees in an appropriate unit
wish to be represented for collective bargaining by the school
employee organization as exclusive representative; or
(2) the designated exclusive representative is no longer the
representative of the majority of school employees in the unit.
(c) The school employer may file a petition asserting:
(1) that one (1) or more school employee organizations have
presented to the school employer a claim to be recognized as the
exclusive representative in an appropriate unit; or
(2) that the school employer has good faith doubt that the
previously certified school employee organization represents a
majority of employees in the bargaining unit.
(d) Twenty percent (20%) of the school employees in a unit may file
a petition asserting that the designated exclusive representative is no
longer the representative of the majority of school employees in the
unit.
(e) The board shall investigate a petition filed under subsection (b),
(c), or (d). If the board has reasonable cause to believe that a question
exists as to whether the designated exclusive representative or any
school employee organization represents a majority of the school
employees in a unit, the board shall provide for an appropriate hearing
within thirty (30) days. In holding a hearing, the board is not required
to comply with IC 4-21.5.
(f) If the board finds, based on the record of a hearing held under
subsection (e), that a question of representation exists, the board shall
direct an election by secret ballot in a unit the board determines to be
appropriate.
(g) Certification as the exclusive representative may be granted only
to a school employee organization that has been selected in a secret
ballot election under subsection (f), by a majority of all the employees
in an appropriate unit as their representative.
(h) An election described in subsection (f) may not be held in a
bargaining unit if a valid election has been held in the preceding
twenty-four (24) month period.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-7.5-1-10(c).]

Legislative History

As added by P.L.1-2005, SEC.13. Amended by P.L.1-2006, SEC.333.