This text of Indiana § 20-29-6-6.1 (Review of collective bargaining agreement) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.
(a)After ratification of a contract under
section 6 of this chapter, a school employer shall submit the ratified
collective bargaining agreement, including the compensation model
developed under IC 20-28-9-1.5, to the board.
(b)The board shall appoint a staff member or an ad hoc panel
member to review each submitted collective bargaining agreement and
to make a written recommendation concerning the collective
bargaining agreement's compliance with this chapter, including a
penalty for any noncompliance. The review must be completed before
May 31 of the year in which the current collective bargaining
agreement expires.
(c)Not later than fifteen (15) days after a recommendation has been
made under subsection (b), one (1) or both parties to a collective
bargaining agreement may appeal t
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1. (a) After ratification of a contract under
section 6 of this chapter, a school employer shall submit the ratified
collective bargaining agreement, including the compensation model
developed under IC 20-28-9-1.5, to the board.
(b) The board shall appoint a staff member or an ad hoc panel
member to review each submitted collective bargaining agreement and
to make a written recommendation concerning the collective
bargaining agreement's compliance with this chapter, including a
penalty for any noncompliance. The review must be completed before
May 31 of the year in which the current collective bargaining
agreement expires.
(c) Not later than fifteen (15) days after a recommendation has been
made under subsection (b), one (1) or both parties to a collective
bargaining agreement may appeal to the board, in writing, the decision
made in the recommendation. If the board does not receive an appeal
not later than fifteen (15) days after issuing a recommendation, the
recommendation becomes the final order of the board.
(d) If the board receives a timely appeal, the board may make a
decision on the recommendation with or without oral argument. The
board may request that the parties submit briefs. The board must issue
a ruling on the appeal not later than thirty (30) days after the last of the
following occurs:
(1) The appeal is received.
(2) Briefs are received.
(3) Oral arguments are held.
(e) IC 4-21.5 does not apply to a review under subsection (b) or (d).
(f) If, following the review of a collective bargaining agreement, the
board finds the collective bargaining agreement does not comply with
this chapter, the board shall issue an order that may include one (1) or
more of the following items:
(1) Ordering the parties to cease and desist from all identified
areas of noncompliance.
(2) Preventing the parties from ratifying any subsequent collective
bargaining agreements until the parties receive written approval
from the board or the board's agent.
(3) Requiring other action as deemed appropriate by the board as
authorized by state law.
(g) The board may send the board's compliance findings to other
state agencies as necessary.
(h) After a school employer has submitted a collective bargaining
agreement under subsection (a), the school employer and an exclusive
representative may not enter into a new collective bargaining
agreement containing the noncompliant provision until the school
employer has received either:
(1) the board's order regarding the compliance of the submitted
collective bargaining agreement with this chapter; or
(2) other written approval from the board or an agent of the board.
(i) If any provision of the collective bargaining agreement is found
not to be compliant with this chapter, the provision that is found to be
noncompliant with this chapter shall not affect other provisions of the
collective bargaining agreement that can be given effect without the
noncompliant provision, and to this end the provisions of collective
bargaining agreement are severable.
(j) The board shall adopt rules under IC 4-22 as necessary to
implement this section.
(k) This subsection applies only to a school corporation that has a
compensation plan developed under IC 20-28-9-1.5 but does not have
a ratified collective bargaining agreement. A school corporation shall,
not later than October 1 of the year in which the compensation plan
becomes effective, submit the school corporation's compensation plan
to the board.
(l) If a school corporation fails to timely file a compensation plan as
required under subsection (k), the school corporation's compensation
plan is considered not in compliance with IC 20-28-9-1.5 and this
section unless a compliance officer of the board finds good cause
shown for the delay.