(a)Subject to subsection (c), the school
employer shall, on receipt of the written authorization of a school
employee:
(1)deduct from the pay of the employee any dues designated or
certified by the appropriate officer of a school employee
organization that is an exclusive representative of any employees
of the school employer; and
(2)remit the dues described in subdivision (1) to the school
employee organization.
(b)Deductions under this section must be consistent with:
(c)The following apply to a deduction authorization by a school
employee under subsection (a) or when a school employer agrees with
a school employee organization to deduct school organization dues
from a school employee's pay:
(1)A school employee has the right to
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(a) Subject to subsection (c), the school
employer shall, on receipt of the written authorization of a school
employee:
(1) deduct from the pay of the employee any dues designated or
certified by the appropriate officer of a school employee
organization that is an exclusive representative of any employees
of the school employer; and
(2) remit the dues described in subdivision (1) to the school
employee organization.
(b) Deductions under this section must be consistent with:
(1) IC 22-2-6;
(2) IC 22-2-7; and
(3) IC 20-28-9-18.
(c) The following apply to a deduction authorization by a school
employee under subsection (a) or when a school employer agrees with
a school employee organization to deduct school organization dues
from a school employee's pay:
(1) A school employee has the right to resign from, and end any
financial obligation to, a school employee organization at any
time. The right described in this subdivision may not be waived
by the school employee.
(2) The authorization for withholding form shall include the
school employee's full name, position, school employee
organization, and signature and shall be submitted directly to the
school employer by the school employee. After receiving the
authorization for withholding form, the school employer shall
confirm the authorization by sending an electronic mail message
to the school employee at the school employee's school provided
work electronic mail address and shall wait for confirmation of
the authorization before starting any deduction. If the school
employee does not possess a school provided work electronic mail
address, the school employer may use other means it deems
appropriate to confirm the authorization.
(3) An authorization for school employee organization dues to be
deducted from school employee pay shall be on a form prescribed
by the attorney general, in consultation with the board, and shall
contain a statement in 14 point type boldface font reading: "The
State of Indiana wishes to make you aware that you have a First
Amendment right, as recognized by the United States Supreme
Court, to refrain from joining and paying dues to a union (school
employee organization). Your membership and payment of dues
are voluntary, and you may not be discriminated against for your
refusal to join or financially support a union. By signing this form,
you are agreeing to authorize your employer to deduct union dues
from your salary in the amounts specified in accordance with your
union's bylaws. You may revoke this authorization at any time.".
(4) Authorizations by a school employee for the withholding of
school employee organization dues from the school employee's
pay shall not exceed one (1) year in duration and shall be subject
to annual renewal.
(5) Upon the submission of a written or electronic mail request to
a school employer, a school employee shall have the right to cease
the withholding of school employee organization dues from their
pay. Upon receipt of a request, the school employer shall:
(A) cease the withholding of school employee organization
dues from the school employee's pay beginning on the first day
of the employee's next pay period; and
(B) provide written or electronic mail notification of the school
employee's decision to the school employee organization.
The notification in clause (B) must occur within a reasonable time
to ensure that the school employee is not required to have dues
withheld during the school employee's next pay period or any
subsequent pay period.
(6) A school employer shall annually provide, at a time the school
employer prescribes, written or electronic mail notification to its
school employees of their right to cease payment of school
employee organization dues and to withdraw from that
organization. The notification must also include the following:
(A) The authorization form described in subsection (c)(3).
(B) The amount of dues that the school employee will be liable
to pay to the school organization during the duration of the
authorization, if the employee does not revoke the authorization
before it expires.
(d) On or before July 1, 2021, and not later than July 30 of each year
thereafter, the attorney general, in consultation with the board and the
department, must notify all school employers of the provisions
described in subsection (c). This notice must include the authorization
form described in subsection (c)(3).
(e) Subsection (c)(3) does not apply to a collective bargaining
agreement or any other contract entered into or renewed before July 1,
2022. However, subsection (c)(3) applies to any collective bargaining
agreement or contract entered into, renewed, modified, extended, or
amended after June 30, 2022.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-7.5-1-8.]