560 Ind. Admin. Code 2-8-8

Current through October 31, 2024

Section 560 IAC 2-8-8 - Prior approval for ratifying subsequent agreement

Authority: IC 20-29-3-11; IC 20-29-6-6.1

Affected: IC 20-29-6-6.1; IC 20-29-6-13

Sec. 8.

(a) If the final order of the board requires the parties to obtain written approval prior to ratifying any subsequent CBA or MOU, the following shall occur:

(1) The executive director shall appoint a compliance officer to review the tentatively agreed upon CBA or MOU.

(2) The written appointment shall:

(A) be made no later than the first day of formal bargaining; and

(B) be provided to both the school employer and the exclusive representative.

(3) The school employer shall submit a copy of the tentatively agreed upon CBA or MOU to the compliance officer in the manner prescribed by the compliance officer.

(4) The compliance officer shall review the CBA or MOU and provide the parties with a written notice of approval or denial.

(b) If the compliance officer issues a denial of approval to ratify, the notice shall identify the terms of the CBA or MOU that preclude the compliance officer's approval.

(c) Absent a timely appeal and as soon as practicable, the parties shall correct the noncompliant terms and submit a new tentatively agreed upon CBA or MOU to the compliance officer for review in accordance with this section.

(d) Parties have four (4) business days from the date the notice of denial is emailed to appeal the compliance officer's decision.

(e) The appeal shall be in writing and describe, with reasonable particularity, the reason the identified terms of the CBA or MOU should be approved.

(f) Upon the timely filing of an appeal, the board shall make a determination and issue a final notice of approval or denial no later than thirty (30) days after receipt of the appeal.

(g) Failure to obtain approval to ratify a CBA subjects the parties to impasse procedures pursuant to IC 20-29-6-13 unless impasse is otherwise stayed by the board or the board's agent.

(h) Any ratification of a subsequent CBA or MOU without the written approval of the board or the board's agent as required in this section, shall be considered null and void, and the parties will proceed through impasse proceedings pursuant to IC 20-29-6-13 as applicable. The executive director may stay impasse proceedings pending the board's final order in an appeal under this section, pursuant to 560 IAC 2-4-7.

560 IAC 2-8-8

Indiana Education Employment Relations Board; 560 IAC 2-8-8; filed 1/7/2016, 8:13 a.m.: 20160203-IR-560150200FRA

Filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRA

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