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

Indiana Statutes

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

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

(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 excl

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(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).]

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