560 IAC 2-4-4 - Factfinding

Authority: IC 20-29-3-11; IC 20-29-6-15.1; IC 20-29-8-7

Affected: IC 20-29-6; IC 20-29-8-8

Sec. 4.

(a) Within fifteen (15) days of the end of an unsuccessful mediation, the executive director will appoint a factfinder.

(b) The factfinder shall, within thirty (30) days of appointment, investigate the parties' LBOs and pick one (1) to be the parties' CBA.

(c) If parties in the factfinding process are able to reach a settlement, they shall submit identical LBOs to the factfinder, and the factfinder shall impose the terms of the joint LBO as the CBA, if the LBO does not place the school employer in a position of deficit financing and is otherwise compliant. Each party's LBO shall contain a verification statement, as required by section 3.1 of this rule.

(d) Each party has a maximum of two (2) hours to present in the factfinding hearing and one (1) hour for rebuttal. The factfinder may allow additional time for the hearing.

(e) The factfinder shall issue a report with proposed findings of fact and conclusions of law.

(f) The factfinder may consult with, utilize, and rely upon a neutral financial consultant or other expert during the factfinding investigation. Neutral shall mean that the financial consultant or other expert does not have any conflicts of interest with either party.

(g) For LBOs that do not place a school employer in a position of deficit financing, the factfinder may strike noncompliant terms. Where both LBOs place the school employer in a position of deficit financing, the factfinder may modify or strike terms of the LBO most consistent with IC 20-29-8-8 to ensure the LBO does not place the school in a position of deficit financing and is otherwise compliant. Nothing in this rule shall be construed to permit the factfinder to impose terms beyond those proposed by the parties.

(h) The board shall issue the factfinder's report to the public within ten (10) days of the issuance of the report. The board may make changes to correct any errors to the factfinder's report, prior to its issuance, but is not required to do so.

Notes

560 IAC 2-4-4

Indiana Education Employment Relations Board; 560 IAC 2-4-4; filed Oct 6, 1988, 11:15 a.m.: 12 IR 315; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; filed Aug 28, 2012, 2:06 p.m.: 20120926-IR-560120112FRA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA Filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRA Readopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA