Section 560 IAC 2-2.1-6 - Employer recognition of exclusive representationAuthority: IC 20-29-3-11
Affected: IC 20-29-5-2
Sec. 6.
(a) A school employer may voluntarily recognize a school employee organization as an exclusive representative, in accordance with IC 20-29-5-2, when: (1) there is no exclusive representative; or(2) an exclusive representative provides written notice to the employer of voluntary relinquishment of its status as exclusive representative.(b) A school employee organization shall provide reliable evidence supporting its representation of a majority of employees to the school employer and the board to be recognized as an exclusive representative.(c) Prior to recognizing an exclusive representative, the school employer shall provide public notice of the intention to recognize the school employee organization as the exclusive representative, which includes the following: (1) That the school employer intends to voluntarily recognize an exclusive representative.(2) The name of the exclusive representative.(3) The description of the bargaining unit, including exclusions.(4) That an objection to the proposed recognition of the exclusive representative may be made by: (A) a school employee organization representing twenty percent (20%) or more of school employees; or(B) twenty percent (20%) or more of school employees; in a unit or proposed unit within thirty (30) days of the first date of notice. (5) That an objection to the composition of a proposed unit may be made by an affected school employee within thirty (30) days of the first date of notice.(d) Prior to issuing such notice, the school employer shall submit the proposed notice to the executive director and obtain approval of the contents of the notice and the intended method of notice from the executive director.(e) In the event no objections are made to the recognition within thirty (30) days, the school employer shall furnish a statement of recognition to the board. Such statement of recognition shall be in writing. The executive director shall provide a sample statement of recognition accessible on the board's website in an electronic format, including guidance as to contents of the statement of recognition.(f) Should there be no written objections relating to the proposed recognition, the executive director will certify the result upon receipt of the recognition statement. Should there be any written objections, either the school employer or the school employee organization may file a petition for recognition to move forward with the process for recognition via election.(g) Voluntary recognition becomes effective upon certification by the executive director.Indiana Education Employment Relations Board; 560 IAC 2-2.1-6; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRAReadopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA