Section 560 IAC 2-2.1-1 - Agreed composition or amendment of bargaining unitAuthority: IC 20-29-3-11
Affected: IC 20-29-5-1
Sec. 1.
(a) A school employer and a voluntarily recognized school employee organization may agree as to the initial composition of a bargaining unit, consistent with IC 20-29-5-1.(b) A school employer and an exclusive representative may agree to amend an existing unit at any time. A unit amendment is appropriate when: (1) a position has been newly created and is to be added to or excluded from the existing unit; or(2) an existing position is to be added to or excluded from the existing unit.(c) An agreed change in the description of the bargaining unit that does not include or exclude any school employee is not the composition of or an amendment to a bargaining unit and does not require notice under this rule. The school employer shall submit the new proposed bargaining unit description to the board and affirm that no school employee is affected by the proposed language. If there is no affected school employee, the executive director shall issue a bargaining unit order that reflects the new description of the bargaining unit.(d) A school employer shall provide notice to all certificated school employees of any agreed composition of or amendment to a unit, which includes the following information: (1) A description of the existing bargaining unit.(2) A description of the proposed changes to the bargaining unit.(3) The current address, telephone number, and email address for the board.(4) That objections to the composition or amendment may be made to the board within thirty (30) days of the first date of notice.(e) The executive director shall provide a sample notice accessible on the board's website in an electronic format.(f) Prior to issuing such notice, the school employer may submit the proposed notice to the executive director and obtain approval of the contents, timing, and the intended method of notice from the executive director. If a school employer does not submit the proposed notice for preapproval, the executive director will review the notice after posting to ensure substantial compliance with this rule.(g) The school employer shall provide a dated copy of the notice to the board with a signed verification of the notice date. Should no complaint by an affected school employee be filed within thirty (30) days of the first date of notice indicated on the certification, the proposed amendment shall be certified by the executive director.(h) The executive director shall deny an agreed unit amendment if it includes a position in the bargaining unit that is contrary to this rule or to IC 20-29-5-1. The executive director may require documentation or evidence to support an agreed addition or removal of a position from the bargaining unit to ensure compliance.(i) Initial unit composition becomes effective upon certification by the executive director or the date upon which the employee organization becomes the exclusive representative.(j) Unit amendments become effective upon certification by the executive director and constitute the unit to be used for the next collective bargaining agreement. Certification of a new bargaining unit does not modify the unit in an existing collective bargaining agreement. Indiana Education Employment Relations Board; 560 IAC 2-2.1-1; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRAReadopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA