Mandatory Impasse Procedures (Mediation & Factfinding)
The IEERB provides mandatory mediation and mandatory, binding factfinding for all Indiana teacher bargaining processes at impasse. In addition to IC 20-29 and 560 IAC 2, please see the information below for guidance on mandatory impasse procedures. IEERB is a neutral agency and cannot provide legal advice. Please consult your counsel if questions arise.
Parties must submit a Bargaining Status Form to impasse@ieerb.in.gov by October 1, 2012, regardless of whether bargaining has occurred this season. (word version)
IEERB must receive ratified CBAs by October 12, 2012, for parties to avoid declaration of impasse for this bargaining season. In the future, parties will be expected to submit ratified CBAs on or prior to October 1 of any year in which bargaining occurs.
IEERB's requirements for LBO for 2012-13 bargaining season
Webinar on Resources for Impasse Procedures and the Bargaining Process held August 20, 2012.
IEERB uses Impasse Ad Hoc Panelists to conduct mediation and factfinding. Impasse Ad Hoc Description.
What is mediation and what does a mediator do?
A mediator delineates the problems involved in bargaining, seeks solutions which can reasonably be accepted by both parties, and determines common grounds for agreement. Mediators act as facilitators, assisting the parties as they attempt to move toward settlement. Techniques used by mediators are many and varied. Mediation is mandatory in the event of impasse. Mediations are 1-3 sessions, and will last up to 30 days. The cost is split by the parties.
What is binding factfinding and what does a factfinder do?
When the parties are unable by themselves, or through a mediator, to resolve a dispute, a factfinder investigates, holds a hearing, and issues a binding decision based on a party's last, best offer. Factfinding will last up to 15 days. The cost is split by the parties. A factfinder's decision is appealable to the Indiana Education Employment Relations Board.
Fact Finder Data Verification Check Sheet
Financing Verification (For School Corporation and Exclusive Representative)
