§ 22-6-2-12 — Boards of arbitration; order; review; change of venue or judge

(a) Either party to the dispute may within
fifteen (15) days from the date such order is filed with the clerk of the
court petition the circuit court, superior court, or probate court of any
county, in which the employer operates or has an office or place of
business, for a review of such order on the ground:
(1) that the parties were not given reasonable opportunity to be
heard;
(2) that the board of arbitration exceeded its powers;
(3) that the order is unreasonable in that it is not supported by the
evidence; or
(4) that the order was procured by fraud, collusion, or other
unlawful means or methods.
(b) A summons to the other party to the dispute shall be issued as
provided by law in other civil cases; and either party shall have the
same rights to a change of venue from the county, or to a change of
judge, as provided by law in other civil cases.
(c) The judge of the circuit court, superior court, or probate court,
without the intervention of a jury, shall hear the evidence adduced by
both parties with respect to the issue raised by such petition and may
reverse said order only if the judge finds that:
(1) one (1) of the parties was not given reasonable opportunity to
be heard;
(2) the board of arbitration exceeded its powers;
(3) the order is unreasonable in that it is not supported by the
evidence; or
(4) the order was procured by fraud, collusion, or other unlawful
means or methods.
(d) The decision of the judge shall be final. If the court reverses said
order for one (1) of the reasons stated in this section, the clerk of said
court shall certify the court's decision to the governor, who may either
attempt further conciliation or may appoint another board of
arbitration, as provided for in this chapter, in the event that the parties
do not prefer first to engage in further collective bargaining in an
attempt to settle such dispute.
Formerly: Acts 1947, c.341, s.12. As amended by P.L.84-2016,
SEC.95; P.L.136-2018, SEC.124.