Section 560 IAC 2-8-4 - Memorandum of understanding; compliance reviewAuthority: IC 20-29-3-11; IC 20-29-6-6.1
Affected: IC 20-29-6-6.1
Sec. 4.
(a) Any MOU as defined in 560 IAC 2-1-2 is subject to review by a compliance officer pursuant to this rule.(b) Any MOU not submitted as required by this rule constitutes a failure to submit a complete CBA and may result in a finding of noncompliance with a penalty of requiring board approval prior to ratifying any subsequent CBA or MOU.(c) Any MOU ratified by the parties outside the bargaining timelines, except to the extent permitted by this section, is noncompliant.(d) Notwithstanding subsection (c), the following may constitute an exception to a finding of noncompliance for bargaining outside the allowable bargaining timelines: (1) Newly discovered information or an unanticipated event that was not known or available at the time the parties ratified the original CBA.(2) Nonrule policy guidance issued by the board addressing unanticipated circumstances impacting multiple bargaining parties and allowing parties to bargain and ratify a limited MOU outside of the bargaining timelines.(e) Within ten (10) business days of ratification of the MOU by both parties, the school employer shall submit a copy of the ratified MOU and a written explanation of the need for the MOU to the board in the manner prescribed by the board.(f) Upon receipt of a ratified MOU, and to the extent practicable, the executive director shall appoint the original compliance officer to review the MOU.(g) The compliance officer shall review the MOU and accompanying documentation to determine if an exception to a finding of noncompliance is warranted.(h) The compliance officer shall issue an addendum as described in section 3 of this rule.Indiana Education Employment Relations Board; 560 IAC 2-8-4; filed 1/7/2016, 8:13 a.m.: 20160203-IR-560150200FRAFiled 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRAReadopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA