IC 20-29-8
Chapter 8. Impasse Procedures
IC 20-29-8-1
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-2
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-3
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-4
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-5
Purpose of factfinding
Sec. 5. The purpose of factfinding is to provide a final solution on
the items permitted to be bargained under IC 20-29-6-4 whenever the
parties are unable by themselves, or through a mediator, to resolve
a dispute.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.27.
IC 20-29-8-6
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-7
Appointment of factfinder
Sec. 7. (a) When a factfinder is requested or required under
IC 20-29-6, the board shall appoint a factfinder from the staff or
panel established under section 6 of this chapter.
(b) The factfinder shall make an investigation and hold hearings
as the factfinder considers necessary in connection with a dispute.
(c) The factfinder:
(1) may restrict the factfinder's findings to those issues that the
factfinder determines significant;
(2) must restrict the findings to the items listed in IC 20-29-6-4;
and
(3) may not impose terms beyond those proposed by the parties
in their last, best offers.
(d) The factfinder may use evidence furnished to the factfinder
by:
(1) the parties;
(2) the board;
(3) the board's staff; or
(4) any other state agency.
(e) The factfinder shall conduct the factfinding hearing in public
in a room or facility owned by the county or local unit of government
located in the county in which the school employer is located, or if
the school employer is located in more than one (1) county, in the
county in which the greatest number of students who attend the
school employer's schools reside. The public hearing may begin not
earlier than October 1 in the first year of the state budget biennium
and must be concluded by December 31 of the same year.
(f) The factfinding process may not exceed fifteen (15) days from
beginning to end, and not more than two (2) of those days may be
used for public testimony, which may be taken at the discretion of
the factfinder. During the public hearing, each party shall present
fully its last, best offer, including the fiscal rationale for the offer.
Only general operating funds and those funds certified by the
department of education and the department of local government
finance may be considered as a source of the funding for items,
unless the school funding formula allows other funds to be used for
certain items.
(g) The factfinder shall make a recommendation as to the
settlement of the disputes over which the factfinder has jurisdiction.
(h) The factfinder shall:
(1) make the investigation, hearing, and findings as
expeditiously as the circumstances permit; and
(2) deliver the findings to the parties and to the board.
(i) The board, after receiving the findings and recommendations,
may make additional findings and recommendations to the parties
based on information in:
(1) the report; or
(2) the board's own possession.
The board may not make any recommendations to the parties related
to any items not specifically identified in IC 20-29-6-4.
(j) At any time within five (5) days after the findings and
recommendations are delivered to the board, the board may make the
findings and recommendations of the factfinder and the board's
additional findings and recommendations, if any, available to the
public through news media and other means the board considers
effective.
(k) The board shall make the findings and recommendations
described in subsection (j) available to the public not later than ten
(10) days after the findings and recommendations are delivered to the
board.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.28;
P.L.229-2011, SEC.183.
IC 20-29-8-8
Factors considered by factfinder
Sec. 8. In conducting hearings and investigations, the factfinder
is not bound by IC 4-21.5. The factfinder shall, however, consider
the following factors:
(1) Past memoranda of agreements and contracts between the
parties.
(2) Comparisons of wages and hours of the employees involved
with wages of other employees working for other public
agencies and private concerns doing comparable work, giving
consideration to factors peculiar to the school corporation.
(3) The public interest.
(4) The financial impact on the school corporation and whether
any settlement will cause the school corporation to engage in
deficit financing as described in IC 20-29-6-3.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.29.
IC 20-29-8-9
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-10
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-10.1
Prohibition; serving as mediator and factfinder
Sec. 10.1. A person who has served as a mediator in a dispute
between a school employer and an exclusive representative may not
serve as a factfinder in a dispute arising in the same school
corporation within a period of five (5) years except by the mutual
consent of the parties.
As added by P.L.229-2011, SEC.184.
IC 20-29-8-11
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-12 Version a
Payment of expenses by board
Note: This version of section amended by P.L.48-2011, SEC.31.
See also following version of this section repealed by P.L.229-2011,
SEC.274.
Sec. 12. The board shall pay the cost of an arbitrator, which shall
be reimbursed equally by the two (2) parties under procedures for
collection and payment established by the board.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.31.
IC 20-29-8-12 Version b
Repealed
(Repealed by P.L.229-2011, SEC.274.)
Note: This section repealed by P.L.229-2011, SEC.274. See also
preceding version of this section amended by P.L.48-2011, SEC.31.
IC 20-29-8-13
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-8-13.1
Findings and recommendations of factfinder; distribution; review
Sec. 13.1. (a) The investigation, hearing, and findings of the
factfinder must be:
(1) made as expeditiously as the circumstances allow; and
(2) delivered to the parties and to the board.
(b) The board, after receiving the findings and recommendations
under subsection (a), may make additional findings and
recommendations to the parties based upon information in the report
or in the board's possession. The board may not make any
recommendations to the parties related to any items not specifically
identified in IC 20-29-6-4 and may not address items beyond those
proposed by the parties in their last, best offers.
(c) The board:
(1) may, at any time within five (5) days; and
(2) shall, within ten (10) days;
after receiving the findings and recommendations delivered under
subsection (a), make the findings and recommendations of the
factfinder and the board's additional findings and recommendations,
if any, available to the public through the news media and any other
means.
As added by P.L.229-2011, SEC.185.
IC 20-29-8-14
Repealed
(Repealed by P.L.48-2011, SEC.39.)
