560 IAC 2-4-7 - Stay of impasse

Authority: IC 20-29-3-11; IC 20-29-6-13

Affected: IC 20-29-6

Sec. 7.

(a) Impasse shall be stayed when an unfair practice complaint is filed and:

(1) the complaint requests a stay of impasse procedures;

(2) the complaint alleges that a school employer committed an unfair labor practice; and

(3) the subject matter of the case effects impasse procedures or the ability of a party to bargain.

(b) The executive director may at the executive director's discretion issue a stay of impasse without request by the parties when an unfair practice complaint:

(1) alleges that a school employer committed an unfair labor practice; and

(2) the subject matter of the case effects impasse procedures or the ability of a party to bargain.

(c) The stay of impasse will continue until a determination of the unfair practice complaint is made. The complaint shall be given priority over other unfair practice complaints.

(d) The executive director may proceed with the impasse procedures where:

(1) the complaining party in the unfair practice complaint does not request a stay;

(2) the complaining party in the unfair practice complaint later requests that impasse procedures proceed; or

(3) the executive director determines that a stay is inappropriate given the nature of the allegations.

(e) The executive director may grant a stay of impasse procedures pending the board's final order in an appeal of:

(1) a compliance officer's Compliance Report and Recommendation; or

(2) a compliance officer's denial of written approval required to ratify a subsequent collective bargaining agreement or memorandum of understanding.

Notes

560 IAC 2-4-7

Indiana Education Employment Relations Board; 560 IAC 2-4-7; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRA Readopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA