Bill Text: IN SB0426 | 2011 | Regular Session | Introduced
Bill Title: Collective bargaining for school employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-12 - First reading: referred to Committee on Pensions and Labor [SB0426 Detail]
Download: Indiana-2011-SB0426-Introduced.html
Citations Affected: IC 20-29.
Synopsis: Collective bargaining for school employees. Provides that
school employers and noncertificated school employees have the right
and obligation to discuss certain topics related to school employment
and may (but are not required to) bargain collectively, negotiate, be
subject to or enter into impasse procedures, or enter into a written
contract. Provides that items included in a 2004-2005 agreement or a
subsequent agreement between a school employer and employee
organization of noncertificated school employees continue to be
bargainable. Makes conforming changes.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Pensions and Labor.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) The citizens of Indiana have a fundamental interest in the development of harmonious and cooperative relationships between school corporations and their
(2) Recognition by school employers of the right of school employees to organize and acceptance of the principle and procedure of collective bargaining or discussion, or both, between school employers and school employee organizations can alleviate various forms of strife and unrest.
(3) The state has a basic obligation to protect the public by attempting to prevent any material interference with the normal public school educational process.
(4) The relationship between school corporation employers and
following reasons:
(A) A public school corporation is not operated for profit but
to ensure the citizens of Indiana rights guaranteed them by the
Constitution of the State of Indiana.
(B) The obligation to educate children and the methods by
which the education is effected will change rapidly with:
(i) increasing technology;
(ii) the needs of an advancing civilization; and
(iii) requirements for substantial educational innovation.
(C) The general assembly has delegated the discretion to carry
out this changing and innovative educational function to the
governing bodies of school corporations, composed of citizens
elected or appointed under applicable law, a delegation that
these bodies may not and should not bargain away.
(D) Public school corporations have different obligations
concerning certificated school employees under constitutional
and statutory requirements than private employers have to
their employees.
(1) supervisors;
(2) confidential employees; and
(3) employees performing security work.
(1) apply to or abrogate a collective bargaining agreement or memorandum of understanding; or
(2) preclude arbitration on a provision in a collective bargaining agreement or memorandum of understanding;
in effect on June 30, 2011.
(b) This section expires December 31, 2013.
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 1. (a) School employers and certificated school employees
shall:
(1) have the obligation and the right to bargain collectively the
items set forth in section 4 of this chapter;
(2) have the right and obligation to discuss any item set forth in
section 7 of this chapter; and
(3) enter into a contract embodying any of the matters on which
they have bargained collectively.
(b) School employers and noncertificated school employees:
(1) have the right and obligation to discuss any item set forth
in section 7(d) of this chapter; and
(2) may (but are not required to):
(A) bargain collectively:
(B) negotiate;
(C) be subject to or enter into impasse procedures; or
(D) enter into a written contract.
(1) Salary.
(2) Wages.
(3) Hours.
(4) Salary and wage related fringe benefits, including accident, sickness, health, dental, or other benefits under IC 20-26-5-4 that were subjects of bargaining on July 1, 2001.
(b) A school employer may, but is not required to, bargain collectively, negotiate, or enter into a written contract concerning, be subject to, or enter into impasse procedures on the following matters:
(1) Working conditions, other than those provided in section 4 of this chapter.
(2) Curriculum development and revision.
(3) Textbook selection.
(4) Teaching methods.
(5) Hiring, promotion, demotion, transfer, assignment, and retention of certificated employees, and changes to any of the
requirements set forth in IC 20-28-6 through IC 20-28-8.
(6) Student discipline.
(7) Expulsion or supervision of students.
(8) Pupil/teacher ratio.
(9) Class size or budget appropriations.
(c) Items included in the 1972-1973 agreements between an
employer school corporation and the school employee organization
continue to be bargainable.
(d) A school employer shall discuss with the exclusive
representative of noncertificated employees and may (but is not
required to) bargain collectively, negotiate, be subject to or enter
into impasse procedures, or enter into a written contract
concerning the following matters:
(1) Salary, wages, hours, and wage related fringe benefits.
(2) Working and safety conditions.
(3) Procedures for selection, assignment, promotion, or
discipline of personnel.
(4) Procedures for student discipline.
(e) Any items included in the 2004-2005 agreement or a
subsequent agreement between an employer school corporation
and employee organization of noncertificated employees continue
to be bargainable.
