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Unfair Labor Practices

What is an Unfair Labor Practice?

Unfair Complaint Sample

Conduct by a school employer or school employee organization that violates IC 20-29-7.

It is an unfair practice for a school employer to do any of the following:

  • (1) Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed in IC 20-29-4.
  • (2) Dominate, interfere, or assist in the formation or administration of any school employee organization or contribute financial or other support to the organization. Subject to rules adopted by the governing body, a school employer may permit school employees to confer with the school employer or with any school employee organization during working hours without loss of time or pay.
  • (3) Encourage or discourage membership in any school employee organization through discrimination in regard to:
    • (A) hiring;
    • (B) tenure of employment; or
    • (C) any term or condition of employment.
  • (4) Discharge or otherwise discriminate against a school employee because the employee has filed a complaint, affidavit, petition, or any information or testimony under this article.
  • (5) Refuse to:
    • (A) bargain collectively; or
    • (B) discuss;with an exclusive representative as required by this article.
  • (6) Fail or refuse to comply with any provision of this article.

 

It is an unfair practice for a school employee organization or the organization's agents to do any of the following:

(1) Interfere with, restrain, or coerce:

  • (A) school employees in the exercise of the rights guaranteed by this article; or
  • (B) a school employer in the selection of its representatives for the purpose of bargaining collectively, discussing, or adjusting grievances. This subdivision does not impair the right of a school employee organization to adopt its own rules with respect to the acquisition or retention of membership in the school employee organization.
    • (2) Cause or attempt to cause a school employer to discriminate against an employee in violation of section 1 of this chapter.
    • (3) Refuse to bargain collectively with a school employer if the school employee organization is the exclusive representative.
    • (4) Fail or refuse to comply with any provision of this article.

What action does IEERB take upon the filing of an unfair labor practice complaint?

IEERB gives notice to the school employer or school employee organization against whom the complaint is directed and appoints a hearing examiner. The hearing examiner reviews the complaint and determines whether IEERB has jurisdiction over the complaint. The hearing examiner schedules a prehearing conference to discuss mediation, discovery, deadlines for motions and/or a date for a hearing. If the case is not resolved through an agreement by the parties, the hearing examiner will issue a decision based upon the hearing or motions filed by the parties.. The decision will determine whether the school employer or school employee organization committed an unfair labor practice, may assess a civil penalty in the amount of $500 to $5,000, and may award costs and attorneys fees if the complaint was frivolous.  The parties may appeal the decision of the hearing examiner to the  full five-member Board. The Board will issue a final decision, which  is subject to judicial review by the courts.

 

Click here for information on how to file documents with IEERB.