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Representation

School employees have the right to form and join school employee organizations and participate in collective bargaining through an exclusive representative of their choosing in order to establish, maintain or improve salaries wages and salary and wage related fringe benefits. Ind. Code § 20-29-4-1. IEERB oversees the process by which bargaining units and exclusive representatives are established. IEERB also notifies school employees when the school’s current exclusive representative does not represent a majority of the school employees in the school.

These Guides and Sample Documents are published to assist school employees, school employers and school employee organizations navigate representation procedures.

For most school employers, a bargaining unit description was established by an order issued in 2016.  Some bargaining units have been subsequently amended. To ensure that you are using the most current bargaining unit, search the school's name on IEERB search. If the bargaining unit needs amended, the parties can use Guide to Changing the Bargaining Unit for assistance. Any document filed with IEERB must be sent electronically to efile@ieerb.in.gov and must be sent electronically the other party.

Forms to amend the bargaining unit when there is an agreement by the parties:

Forms to clarify the composition of or amend the bargaining unit when the parties do not agree:

Objections: A school employee who does not agree to the composition of or amendment to the bargaining unit may file and objection and complaint, using the following form:

In order to establish or change the exclusive representative, please carefully review the Guide to the Exclusive Representative. If there is no exclusive representative for the school employer, a petition may be filed at any time. If the is an exclusive representative for the school, a petition can only be filed from January 15 to February 15 or from July 1 to July 30 of the calendar year of the expiration of the collective bargaining agreement. A Petition for Representation and a Statement of Recognition for Voluntary Recognition must be sent electronically to IEERB at efile@ieerb.in.gov and must be sent electronically to all known interested parties.

Forms for a Petition for Representation:

Forms for a Voluntary Recognition:

Each school year, IEERB is required to notify certain school employees of their right to representation and ability to change their exclusive representative.  This notification is sent yearly to school employees whose current exclusive representative does not represent a majority of school employees in the bargaining unit.  In order to determine whether the exclusive representative represents a majority of school employees in the bargaining unit, the exclusive representative must submit the Exclusive Representative Affidavit by September 15 of each year. The school employer must submit the affidavit and the number of school employees in the bargaining unit by October 1 of each year. For additional details on the affidavit and letter sent to teachers, please review the Guide to Exclusive Representative Affidavit & Teacher Letter and Indiana Code Sections 20-29-5-7 and 8.

Muncie Community School Corporation and a school that has been designated as a transformation zone following the third consecutive year in the lowest performance category or designation are not subject to Indiana Code 20-29 unless the school corporation opts the school into Indiana Code 20-29. Ind. Code §§ 20-23-18-3 and 20-31-9.5-9.5. The status of transformation zone schools can be found here: 2021-22 Status of Transformation Zone Schools.

A school corporation may use the following forms to opt in or opt out of IC 20-29:

The Notice of Intent must be posted for thirty (30) calendar days in each of the buildings where the school employees in the current bargaining unit work. The Notice of Intent must also be emailed to IEERB at efile@ieerb.in.gov at the time of the notice's posting.  After the Notice of Intent has been posted for thirty (30) calendar days, the school corporation must request certification from IEERB by emailing IEERB at efile@ieerb.in.gov. Both emails to IEERB must include the president for the exclusive representative. An affected school employee may file a complaint objecting to the Notice of Intent, utilizing this Sample Complaint.

For more information, see IEERB's Non-Rule Policy Document No. 2019-1: Procedures for Entities that May Determine Whether to be Subject to IC 20-29.