IEERB provides mandatory mediation and mandatory, binding factfinding for all Indiana teacher bargaining processes at impasse. IC 20-29 and 560 IAC 2 are the laws and regulations that govern this process. IEERB is a neutral agency and cannot provide legal advice. Please consult your counsel if questions arise.
The 2020 Practitioner's Guide to Bargaining and Impasse is an IEERB developed document to help both parties navigate the collective bargaining agreement and impasse processes. It contains information regarding collective bargaining (including public hearing and meetings), discussion, impasse, mediation, last, best offers (LBO), factfinding, financial considerations, miscellaneous topics, and a glossary.
Pre September 15
Informal negotiations may be held
|Prior to 1st bargaining session||Parties must host a public hearing to take testimony about bargaining|
DOE estimate of education fund revenue
Formal collective bargaining begins
School employee organization submits Affidavit to school corporation
School Employee Organization Affidavit due (Gateway)
DOE Certification of Education Fund Revenue
|Tentative Agreement Meeting||School Board must host a Tentative Agreement (TA) Meeting to discuss the TA prior to the Ratification Meeting|
|Ratification Meeting||School Board must host a Ratification Meeting|
Bargaining Status Form I due (Gateway)
Ratified CBAs due (Gateway)
Impasse period begins
January 15-February 15
1st Decertification petitions filing period
End of Impasse
Deadline for issuance of Compliance Reports (of the year in which the current collective bargaining agreement expires)
July 1-July 31 (tentative)
2nd Decertification petitions filing period
What happens when our contract expires?
Continuation of existing agreement; circumstances
Sec. 16. (a) If an agreement has not been reached on the items to be bargained collectively by November 1, as provided in IC 6-1.1-17-5, the parties shall continue the terms of the current contract that is in effect, and the school employer may issue tentative individual contracts and prepare its budget on that basis. During this period, in order to allow the successful resolution of the dispute, the school employer may not unilaterally change the terms or conditions of employment that are issues in dispute. (b) Upon the expiration of the current contract that is in effect, except for performance stipends and additions to base salary provided under IC 20-43-10-3, the school employer shall continue under the terms of the current contract that is in effect, with no increase or increment in salary, wages, or benefits for any bargaining unit employee until a new contract is executed, unless continuation would put the school employer in a position of deficit financing due to a reduction in the employer's actual general fund revenue or an increase in an employer's expenditures when the expenditures exceed the current year actual general fund revenue. (c) The only parts of the contract that must continue under this section are the items contained in the contract and listed in section 4 (d) This section may not be construed as relieving the school employer or the school employee organization from the duty to bargain collectively until a mutual agreement has been reached and a contract entered as called for in this chapter.