§ 36-8-22-12 — Meet and confer; advisory opinion; mediation and conciliation

(a) An exclusive recognized representative
of the employees of an employer that elects to meet and confer with an
employer must notify the employer in writing that the exclusive
recognized representative intends to exercise its rights under this
chapter.
(b) Except as provided by section 13 of this chapter, an employer
who has received a written notice under subsection (a) shall meet and
confer in good faith at reasonable times, including meeting in advance
of the budget making process, to discuss issues and proposals regarding
wages, hours of employment, and other conditions and terms of
employment with the exclusive recognized representative.
(c) If the employer and exclusive recognized representative are
unable to reach an agreement concerning the issues listed in subsection
(b), either party may request an advisory opinion from the
commissioner of labor or the commissioner's designee. However, the
commissioner of labor may not consider the following issues when
rendering an advisory opinion under this subsection:
(1) Discipline.
(2) Individual grievances.
(3) Any other issue that the commissioner considers
inappropriate.
A party may request not more than one (1) advisory opinion per year
under this subsection.
(d) If the employer or the exclusive recognized representative is not
satisfied with the process under this section, either party may appeal to
the commissioner of labor to request mediation and conciliation under
IC 22-1-1-8(4).
(e) If the employer or the exclusive recognized representative makes
an appeal under subsection (d), the commissioner of labor shall
appoint, within thirty (30) days of the request, a temporary board or
designee to:
(1) hear arguments from both parties; and
(2) issue a written recommendation for resolution.
(f) The administrative cost of the meeting under subsection (b),
advisory opinion under subsection (c), and mediation under subsections
(d) and (e) must be:
(1) divided equally between; and
(2) paid by;
the employer and the exclusive recognized representative.
(g) The parties must pay the administrative costs for an advisory
opinion under subsection (c) or a mediation under subsections (d) and
(e) to the department of labor within ten (10) days after the
commissioner issues an advisory opinion or written recommendation.
(h) The department of labor shall transfer any amounts received
under subsection (g) for an advisory opinion or mediation to the
treasurer of state for deposit in the state general fund.

Legislative History

As added by P.L.48-2007, SEC.1. Amended by P.L.6-2022, SEC.2.