Section 560 IAC 2-4-7 - Stay of impasseAuthority: IC 20-29-3-11; IC 20-29-6-13
Affected: IC 20-29-6
Sec. 7.
(a) Impasse shall be stayed when an unfair practice complaint is filed and: (1) the complaint requests a stay of impasse procedures;(2) the complaint alleges that a school employer committed an unfair labor practice; and(3) the subject matter of the case effects impasse procedures or the ability of a party to bargain.(b) The executive director may at the executive director's discretion issue a stay of impasse without request by the parties when an unfair practice complaint: (1) alleges that a school employer committed an unfair labor practice; and(2) the subject matter of the case effects impasse procedures or the ability of a party to bargain.(c) The stay of impasse will continue until a determination of the unfair practice complaint is made. The complaint shall be given priority over other unfair practice complaints.(d) The executive director may proceed with the impasse procedures where: (1) the complaining party in the unfair practice complaint does not request a stay;(2) the complaining party in the unfair practice complaint later requests that impasse procedures proceed; or(3) the executive director determines that a stay is inappropriate given the nature of the allegations.(e) The executive director may grant a stay of impasse procedures pending the board's final order in an appeal of: (1) a compliance officer's Compliance Report and Recommendation; or(2) a compliance officer's denial of written approval required to ratify a subsequent collective bargaining agreement or memorandum of understanding.Indiana Education Employment Relations Board; 560 IAC 2-4-7; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRAReadopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA