560 Ind. Admin. Code 2-2.1-7

Current through December 4, 2024

Section 560 IAC 2-2.1-7 - Petition for representation

Authority: IC 20-29-3-11

Affected: IC 20-29-5-3

Sec. 7.

(a) A petition for representation seeks to:

(1) decertify an exclusive representative;

(2) certify an exclusive representative; or

(3) both decertify an exclusive representative and certify a new exclusive representative.

(b) A school employer, the exclusive representative, a school employee organization that is not the exclusive representative, or any group of twenty percent (20%) or more of the school employees in a unit or proposed unit are parties to a representation matter. Any of the entities listed in this subsection, except the exclusive representative, may file a petition for representation.

(c) A petition for representation may only be filed:

(1) after January 14 and before February 16; or

(2) after June 30 and before July 31; of the calendar year of the expiration of the collective bargaining agreement.

(d) A petition for representation shall contain the following information:

(1) A description of the proposed bargaining unit, including exceptions, if a bargaining unit composition or amendment is sought.

(2) Number of employees in the alleged appropriate unit.

(3) Any other known school employee organizations representing employees in the corporation.

(4) If decertification or a change in exclusive representative is sought, a statement asserting that the exclusive representative is no longer believed to represent a majority of school employees.

(5) Where appropriate, a concise statement of any known disputes concerning the conduct of an election.

(6) Whether a request for recognition by the school employer was made and if applicable, the date such request was made and declined by the school employer.

(7) Any other necessary information.

(e) The executive director shall provide a sample petition for representation accessible on the board's website in an electronic format.

(f) All parties in a representation matter shall have equal access to teachers upon the filing of a petition for representation through final resolution of the petition or conclusion of an election.

(g) No petition for representation may be filed, unless twenty-two (22) months have elapsed since the most recent election. No election shall be held until twenty-four (24) months have elapsed since the most recent election.

560 IAC 2-2.1-7

Indiana Education Employment Relations Board; 560 IAC 2-2.1-7; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRA

Readopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA