560 IAC 2-4-6 - Appeal of factfinding reports

Authority: IC 20-29-3-11; IC 20-29-6-18

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

Sec. 6.

(a) To obtain board review of a factfinding report, a request for review shall be made by the school employer or the exclusive representative within thirty (30) days after issuance of the report or revised issuance by the board, whichever is later.

(b) The written request for review shall state the nature of the objection to the report.

(c) The appeal of a factfinding report must be in writing, stating the specific nature of each objection to the report. Any party in opposition to the appeal may file an answering brief. Any answering brief shall be filed within fifteen (15) days of the filing of the appeal with the board. No additional briefs may be filed unless requested by the board. The board shall decide the matter upon the record, with or without oral argument, at the board's discretion.

(d) The appealing party shall bear the cost for preparation of a hearing transcript.

(e) The board may consult with, utilize, and rely upon a neutral financial consultant or other expert in its review of a factfinding report. Neutral shall mean that the financial consultant or other expert does not have any conflicts of interest with either party.

(f) For LBOs that do not place a school employer in a position of deficit financing, the board may strike noncompliant terms. Where both LBOs place the school employer in a position of deficit financing, the board 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 board to impose terms beyond those proposed by the parties.

Notes

560 IAC 2-4-6

Indiana Education Employment Relations Board; 560 IAC 2-4-6; filed Oct 6, 1988, 11:15 a.m.: 12 IR 316; 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