Authority: IC
20-29-3-11; IC
20-29-6-13
Affected: IC 20-29-6
Sec. 1.
(a) The
executive director shall declare impasse sixty (60) days following the
beginning of formal bargaining if either of the following occurs:
(1) The parties notify the board of
impasse.
(2) The parties are, or
are supposed to be under the terms of their CBA, in collective bargaining for
all or part of a CBA and have not submitted a CBA to the board.
(b) Upon the declaration of
impasse, each party is required to provide the board with the name, position,
address, email address, and phone number of its chief spokesperson, and of the
individual to whom billing invoices should be submitted. Each party is required
to immediately submit a change in contact information occurring during a
mediation or factfinding process.
(c) A school employer shall provide to the
board and the exclusive representative the following information, upon which
the school employer intends to rely to support the school employer's LBO, from
the general fund, or for LBOs occurring on or after January 1, 2019, the
education fund, and documents supporting that information:
(1) all revenue;
(2) bargained teacher expenses;
(3) nonbargained teacher expenses;
and
(4) nonteacher expenses.
All such information or documentation shall be provided
within fourteen (14) days of the declaration of impasse, except in
circumstances where modified LBO requirements are necessary pursuant to section
3.1 of this rule wherein the executive director shall determine the time within
which such documentation shall be provided. A school employer shall be
precluded from relying on any numbers not provided to the board and the
exclusive representative, unless the school employer can demonstrate a good
faith showing as to why the information and documents were not available at
that time.
(d)
Unless otherwise indicated in this article all correspondence for impasse
procedures shall be via email. Parties or the board may, in addition to email,
correspond via mail, facsimile, or hand delivery. Receipt of an email will be
presumed upon dispatch.
