As defined in 560 IAC 2-1-2(14), "memorandum of understanding" or "MOU" means any agreement ratified by the school employer and the exclusive representative, subsequent to a ratified collective bargaining agreement (CBA), that changes or modifies the collective bargaining agreement.

The COVID-19 public health emergency has resulted in the need for parties to immediately address issues of compensation related to virtual instruction and other additional duties, as well as fringe benefits. Because the ongoing public health emergency could not have been anticipated by parties during the 2019 bargaining period, the status quo terms in effect prior to 2020 bargaining do not provide the flexibility needed to address these urgent issues. The Indiana Education Employment Relations Board (IEERB) recognizes parties' need to bargain an MOU addressing these urgent issues prior to the start of formal bargaining for a new collective bargaining agreement. Such an MOU predates the contract, rather than occurring subsequent to it.

IEERB will treat all partial ratified agreements regarding teacher salaries, wages, and fringe benefits, which are bargained in response to urgent issues created by the ongoing public health emergency, as MOUs, regardless of whether they occur before or after ratification of the applicable CBA. The evaluation of compliance for such MOUs will be contained in the Compliance Report and Recommendation or in a subsequent Addendum.

This policy was adopted by IEERB at its August 31, 2020, public board meeting. It shall expire on June 30, 2021, at 11:59 p.m., unless otherwise extended by IEERB.

DIN: 20200902-IR-560200458NRA

Composed: May 21,2024 4:22:55PM EDT

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