Bill Text: IN SB0575 | 2011 | Regular Session | Enrolled
Bill Title: Teacher collective bargaining.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-05-18 - SECTION 40 effective 04/20/2011 [SB0575 Detail]
Download: Indiana-2011-SB0575-Enrolled.html
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
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AN ACT to amend the Indiana Code concerning education.
(1) Any party may inform the public of the status of collective bargaining or discussion as it progresses by release of factual information and expression of opinion based upon factual information.
(2) If a mediator is appointed, any report the mediator may file at the conclusion of mediation is a public record open to public inspection.
(3) If a factfinder is appointed, any hearings the factfinder holds must be open at all times for the purpose of permitting members of the public to observe and record them. Any findings and recommendations the factfinder makes are public records open to public inspection as provided by
(b) This section supplements and does not limit any other provision of this chapter.
(1) an employee if there is no representative described under subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees with respect to those employees; or
(3) a labor organization representing its noncertificated employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day of that school year and ends not later than thirteen (13) months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a calendar year is paid in the next calendar year, so long as all the compensation is paid within the thirteen (13) month period beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the Internal Revenue Code.
(d) Absent an agreement under subsection (a), a school corporation remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either permanently or temporarily, the amount due the employee under IC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned and unpaid.
(g) Employment with a school corporation may not be conditioned upon the acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement under subsection (a) at the beginning of each school year.
(i) A wage payment arrangement under this chapter may not contain any terms beyond those permitted to be bargained under IC 20-29-6-4.
(1) be in writing;
(2) be signed by both parties; and
(3) contain the:
(A) beginning date of the school term as determined annually by the school corporation;
(B) number of days in the school term as determined annually by the school corporation;
(C) total salary to be paid to the teacher during the school year;
(D) number of salary payments to be made to the teacher during the school year; and
(E) the number of hours per day the teacher is expected to work, as discussed pursuant to IC 20-29-6-7.
(b) The contract may provide for the annual determination of the teacher's annual compensation by a local salary schedule, which is part of the contract. The salary schedule may be changed by the school corporation on or before May 1 of a year, with the changes effective the next school year. A teacher affected by the changes shall be furnished with printed copies of the changed schedule not later than thirty (30) days after the schedule's adoption.
(c) A contract under this section is also governed by the following statutes:
(1)
(2) IC 20-28-9-9 through IC 20-28-9-11.
(3) IC 20-28-9-13.
(4) IC 20-28-9-14.
(d) A governing body shall provide the blank contract forms, carefully worded by the state superintendent, and have them signed. The contracts are public records open to inspection by the residents of each school corporation.
(e) An action may be brought on a contract that conforms with subsections (a)(1), (a)(2), and (d).
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 6. (a) A temporary teacher's contract shall be used only for
employing:
(1) a teacher to serve in the absence of a teacher who has been
granted a leave of absence by the school corporation for:
(1) (A) engaging in defense service or in service auxiliary to
defense service;
(2) (B) professional study or advancement;
(3) (C) exchange teaching;
(4) (D) extended disability to which a licensed physician has
attested; or
(5) (E) serving in the general assembly; or
(2) a new teacher for a position:
(A) that is funded by a grant outside the school funding
formula for which funding is available only for a specified
period or purpose; or
(B) vacated by a teacher who is under a regular contract
and who temporarily accepts a teacher position that is
funded by a grant outside the school funding formula for
which funding is available only for a specified period or
purpose.
(b) The temporary teacher's contract must contain:
(1) the provisions of the regular teacher's contract except those
providing for continued tenure of position;
(2) a blank space for the name of the teacher granted the leave,
which may not be used on another temporary teacher's contract
for the same leave of absence; and
(3) an expiration date that:
(A) is the date of the return of the teacher on leave; and
(B) is not later than the end of the school year.
(c) If a teacher is employed on the temporary teacher's contract for
at least sixty (60) days in a school year, the teacher may, on request,
receive the service credit that the teacher would otherwise receive with
regard to the Indiana state teachers' retirement fund. Additionally, the
salary of that teacher may not be less than the state minimum salary
under IC 20-28-9-1 and IC 20-28-9-2, or by a local salary schedule not
less remunerative than the state minimum salary under IC 20-28-9-1
and IC 20-28-9-2.
same wages unless increased under IC 20-28-9-1 and IC 20-28-9-2, for
the next school term following the date of termination set in the
contract. However, the contract does not continue if any of the
following occur:
(1) The school corporation refuses continuation of the contract
under sections 9 and 10(b) of this chapter.
(2) The teacher delivers or mails by registered or certified mail to
the school corporation the teacher's written resignation.
(3) The contract is replaced by another contract agreed to by the
parties.
(1) constitutes the uniform system for school corporations for:
(A) the refusal to continue a contract for a nonpermanent teacher; and
(B) the cancellation of a contract for a semipermanent or permanent teacher; and
(2) prohibits a provision in an agreement entered into under IC 20-29 after June 30, 2011, that modifies the procedure or standards for contract cancellation established under this chapter.
employer's current year actual general fund revenue.
(1) form, join, or assist school employee organizations;
(2) participate in collective bargaining with school employers through representatives of their own choosing; and
(3) engage in other activities, individually or in concert;
to establish, maintain, or improve salaries, wages, hours, salary and wage related fringe benefits, and other matters set forth in IC 20-29-6-4 and IC 20-29-6-5.
(1) Direct the work of the school employer's employees.
(2) Establish policy through procedures established in IC 20-29-6-4 and IC 20-29-6-5.
(3) Hire, promote, demote, transfer, assign, and retain employees.
(4) Suspend or discharge employees in accordance with applicable law through procedures established
(5) Maintain the efficiency of school operations.
(6) Relieve employees from duties because of lack of work or other legitimate reason through procedures established in IC 20-29-6-4, IC 20-29-6-5, and IC 20-29-6-7.
(7) Take actions necessary to carry out the mission of the public schools as provided by law.
(b) The percentage of teacher positions the exclusive representative may appoint to serve on a statutory or locally created district wide committee may not exceed the percentage of teachers in the school corporation who are members of the exclusive representative. If multiplying the number of teacher positions on the committee by the percentage of teachers in the
school corporation who are members of the exclusive
representative does not produce a whole number, the product must
be rounded up to the nearest whole number. The percentage of
positions applies to the number of teacher positions on a committee
and not to the total number of positions on a committee.
(c) The percentage of teacher positions the exclusive
representative may appoint to serve on a statutory or locally
created school wide committee may not exceed the percentage of
teachers in the school who are members of the exclusive
representative. If multiplying the number of teacher positions on
the committee by the percentage of teachers in the school who are
members of the exclusive representative does not produce a whole
number, the product must be rounded up to the nearest whole
number. The percentage of positions applies to the number of
teacher positions on a committee and not to the total number of
positions on a committee.
(d) A committee to which this section applies may not address
subjects of bargaining under this article. A school employer's
appointment of a teacher to a committee is not an unfair practice
as it relates to the appointment of the teacher committee members.
(e) By September 15 of each school year, the local president or
other officer or designee of the exclusive representative shall
certify by affidavit to the school employer the number of teachers
in each school and in the entire school corporation who are
members of the exclusive representative.
(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 listed in section 4 of this chapter on which they have bargained collectively.
(1) any right or benefit established by federal or state law;
(2) school employee rights set forth in IC 20-29-4-1 and IC 20-29-4-2;
(3) school employer rights set forth in IC 20-29-4-3;
(4) restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards;
(5) a school employer's ability to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity; or
(6) section 4.5(a) of this chapter.
(b) A subject that is set forth in section 4.5(a) of this chapter may not be included in any contract after June 30, 2011.
(b) A contract that provides for deficit financing is void to that extent, and an individual teacher's contract executed under the contract is void to that extent.
(1) Salary.
(2) Wages.
(b) Salary and wages include the amounts of pay increases available to employees under the salary scale adopted under IC 20-28-9-1, but do not include the teacher evaluation procedures and criteria, or any components of the teacher evaluation plan, rubric, or tool.
[EFFECTIVE JULY 1, 2011]: Sec. 4.5. (a) For a contract entered
into after June 30, 2011, a school employer may not bargain
collectively with the exclusive representative on the following:
(1) The school calendar.
(2) Teacher dismissal procedures and criteria.
(3) Restructuring options available to a school employer
under federal or state statutes, regulations, or rules because
of the failure of the school corporation or a school to meet
federal or state accountability standards.
(4) The ability of a school employer to contract, partner, or
operate jointly with an educational entity that provides
postsecondary credits to students of the school employer or
dual credits from the school employer and the educational
entity.
(5) Any subject not expressly listed in section 4 of this chapter.
(b) A subject set forth in subsection (a) that may not be
bargained collectively may not be included in an agreement
entered into under this article.
(b) A contract entered into between a school employer and an exclusive representative after this section has been enacted into law may not extend past the end of a state budget biennium.
(9) Safety issues for students and employees in the workplace, except those items required to be kept confidential by state or federal law.
(10) Hours.
A school employer that has passed a general fund operating
referendum under IC 20-46-1 must have that amount certified by
the department of local government finance. The school
corporation must obtain the certification before the
commencement of bargaining. These certifications must be the
basis for determinations throughout impasse proceedings under
this chapter.
(b) The mediator shall begin mediation with fifteen (15) days after the board receives notice of impasse.
(c) The mediation must consist of not more than three (3) mediation sessions and must result in one (1) of the following:
(1) An agreement between the parties on the items permitted to be bargained under section 4 of this chapter.
(2) Each party's last best offer, including fiscal rationale, related to items permitted to be bargained under section 4 of this chapter.
(d) Costs for the mediator shall be borne equally by the parties.
(e) Mediation shall be completed within thirty (30) days.
(b) Factfinding must culminate in the factfinder imposing
contract terms on the parties. The factfinder's order must be
restricted to only those items permitted to be bargained and
included in the collective bargaining agreement under section 4 of
this chapter and must not put the employer in a position of deficit
financing, as defined in IC 20-29-2-6. The factfinder's order may
not impose terms beyond those proposed by the parties in their
last, best offers.
(c) Costs for the factfinder shall be borne equally by the parties.
(d) Factfinding may not last longer than fifteen (15) days.
(b) During the bargaining process, the school employer shall continue under the terms of the current contract that is in effect, with no increase or increment in salary, wages, or benefits for any bargaining unit employee until a new contract is executed, unless continuation of the status quo would put the school employer in a position of deficit financing due to a reduction in the employer's actual general fund revenue or an increase in an employer's expenditures when the expenditures exceed the current year actual general fund revenue.
(c) The only parts of the contract that must continue in status quo under this section are the items contained in the contract and listed in section 4 of this chapter.
(b) The board's decision must be restricted to only those items permitted to be bargained and included in the collective bargaining agreement under section 4 of this chapter and must not put the employer in a position of deficit financing, as defined in IC 20-29-2-6. The board's decision may not impose terms beyond those proposed by the parties in their last, best offers.
(1) Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed in IC 20-29-4.
(2) Dominate, interfere, or assist in the formation or administration of any school employee organization or contribute financial or other support to the organization. Subject to rules adopted by the governing body, a school employer may permit school employees to confer with the school employer or with any school employee organization during working hours without loss of time or pay.
(3) Encourage or discourage membership in any school employee organization through discrimination in regard to:
(A) hiring;
(B) tenure of employment; or
(C) any term or condition of employment.
(4) Discharge or otherwise discriminate against a school employee because the employee has filed a complaint, affidavit, petition, or any information or testimony under this article.
(5) Refuse to:
(A) bargain collectively; or
(B) discuss;
with an exclusive representative as required by this article.
(6) Fail or refuse to comply with any provision of this article.
(b) If:
(1) a complaint is filed that alleges an unfair practice has occurred with respect to a subject that may be discussed under this article; and
(2) the complaint is found to be frivolous;
the party that filed that complaint is liable for costs and attorney's fees.
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. The purpose of factfinding is to give a neutral
advisory opinion provide a final solution on the items permitted to
be bargained under IC 20-29-6-4 whenever the parties are unable by
themselves, or through a mediator, to resolve a dispute.
(b) The factfinder shall make an investigation and hold hearings as the factfinder considers necessary in connection with a dispute.
(c) The factfinder :
(1) may restrict the factfinder's findings to those issues that the factfinder determines significant;
(2) must restrict the findings to the items listed in IC 20-29-6-4; and
(3) may not impose terms beyond those proposed by the parties in their last, best offers.
(d) The factfinder may use evidence furnished to the factfinder by:
(1) the parties;
(2) the board;
(3) the board's staff; or
(4) any other state agency.
(e) The factfinder shall conduct the factfinding hearing in public in a room or facility owned by the county or local unit of government located in the county in which the school employer is located, or if the school employer is located in more than one (1) county, in the county in which the greatest number of students who attend the school employer's schools reside. The public hearing may begin not earlier than October 1 in the first year of the state budget biennium and must be concluded by December 31 of the same year.
(f) The factfinding process may not exceed fifteen (15) days from beginning to end, and not more than two (2) of those days may be used for public testimony, which may be taken at the discretion of the factfinder. During the public hearing, each party shall present fully its last, best offer, including the fiscal rationale for the offer. Only general operating funds and those funds certified by the department of education and the department of local government finance may be considered as a source of the finding for items, unless the school funding formula allows other funds to be used for
certain items.
(e) (g) The factfinder shall make a recommendation as to the
settlement of the disputes over which the factfinder has jurisdiction.
(f) (h) The factfinder shall:
(1) make the investigation, hearing, and findings as expeditiously
as the circumstances permit; and
(2) deliver the findings to the parties and to the board.
(g) (i) The board, after receiving the findings and recommendations,
may make additional findings and recommendations to the parties
based on information in:
(1) the report; or
(2) the board's own possession.
The board may not make any recommendations to the parties
related to any items not specifically identified in IC 20-29-6-4.
(h) (j) At any time within five (5) days after the findings and
recommendations are delivered to the board, the board may make the
findings and recommendations of the factfinder and the board's
additional findings and recommendations, if any, available to the
public through news media and other means the board considers
effective.
(i) (k) The board shall make the findings and recommendations
described in subsection (h) (j) available to the public not later than ten
(10) days after the findings and recommendations are delivered to the
board.
(1) Past memoranda of agreements and contracts between the parties.
(2) Comparisons of wages and hours of the employees involved with wages of other employees working for other public agencies and private concerns doing comparable work, giving consideration to factors peculiar to the school corporation.
(3) The public interest.
(4) The financial impact on the school corporation and whether any settlement will cause the school corporation to engage in deficit financing as described in IC 20-29-6-3.
dispute between a school employer and an exclusive representative
may not serve as a factfinder or an arbitrator in a dispute arising in the
same school corporation within a period of five (5) years except by the
mutual consent of the parties.
(1) made as expeditiously as the circumstances allow; and
(2) delivered to the parties and to the board.
(b) The board, after receiving the findings and recommendations under subsection (a), may make additional findings and recommendations to the parties based upon information in the report or in the board's possession. The board may not make any recommendations to the parties related to any items not specifically identified in IC 20-29-6-4 and may not address items beyond those proposed by the parties in their last, best offers.
(c) The board:
(1) may, at any time within five (5) days; and
(2) shall, within ten (10) days;
after receiving the findings and recommendations delivered under subsection (a), make the findings and recommendations of the factfinder and the board's additional findings and recommendations, if any, available to the public through the news media and any other means.
(1) Vehicles
(2) Except as provided in section 12 of this chapter, equipment to
be used primarily for interscholastic or extracurricular activities.
(b) Subject to this section, money in the fund may be used to pay for services of school corporation employees who are:
(1) bricklayers;
(2) stone masons;
(3) cement masons;
(4) tile setters;
(5) glaziers;
(6) insulation workers;
(7) asbestos removers;
(8) painters;
(9) paperhangers;
(10) drywall applicators and tapers;
(11) plasterers;
(12) pipe fitters;
(13) roofers;
(14) structural and steel workers;
(15) metal building assemblers;
(16) heating and air conditioning installers;
(17) welders;
(18) carpenters;
(19) electricians; or
(20) plumbers;
as these occupations are defined in the United States Department of Labor, Employment and Training Administration, Dictionary of Occupational Titles, Fourth Edition, Revised 1991.
(c) Payment may be made under this section for employee services described in subsection (b) only if:
(1) the employees perform:
(A) construction of;
(B) renovation of;
(C) remodeling of;
(D) repair of; or
(E) maintenance on;
the facilities and equipment specified in sections 10 and 11 of this chapter; and
corporation to employees described in this section is at least six
hundred thousand dollars ($600,000); and
(3) (2) the payment of the employees described in this section is
included as part of the school corporation's proposed plan.
(d) The number of employees covered by this section is limited to
the number of employee positions described in this section that existed
in the school corporation on January 1, 1993.
(1) Utility services.
(2) Property or casualty insurance.
(3) Both utility services and property or casualty insurance.
A school corporation's expenditures under this section may not in a calendar year exceed
; (11)SE0575.1.39. --> SECTION 39. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 20-28-9-1; IC 20-28-9-2; IC 20-28-9-3; IC 20-28-9-4; IC 20-29-2-17; IC 20-29-3-12; IC 20-29-3-13; IC 20-29-6-11; IC 20-29-6-14; IC 20-29-6-15; IC 20-29-6-17; IC 20-29-8-1; IC 20-29-8-2; IC 20-29-8-3; IC 20-29-8-4; IC 20-29-8-6; IC 20-29-8-9; IC 20-29-8-10; IC 20-29-8-11; IC 20-29-8-13; IC 20-29-8-14.
(b) The governor shall appoint the replacement members of the Indiana Education Employment Relations Board by July 1, 2011. Before appointing the members under this SECTION, the governor shall obtain recommendations from the speaker of the Indiana house of representatives and the president pro tempore of the Indiana senate concerning the appointment of members to replace the members described in subsection (a). However, if either fails to submit recommendations to the governor before July 1, 2011, the governor shall make the appointments without recommendation by the speaker or president pro tempore.
(c) The terms of the members appointed under subsection (b) begin July 1, 2011.
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