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The Indiana Education Employment Relations Board ("IEERB") was created to administer the Indiana Certificated Educational Employee Bargaining Act ("CEEBA"), was commonly referred to as Public Law 217. The new collective bargaining law, Public Law 48, which was enacted July 1, 2011, supercedes PL 217.
The IEERB assists its constituents by conducting hearings to adjudicate unfair labor practice complaints, conducting representation hearings and elections, and providing mediation, fact-finding, and statistical research functions.
IEERB is located in downtown Indianapolis at the Indiana Government Center North, 100 North Senate Avenue, Suite N1049. The telephone number is (317) 233-6620; the FAX number is (317) 233-6632.
The Board consists of three members appointed by the Governor: the full-time Chairman and two part-time members, one from each major political party. The IEERB's full-time professional staff is composed of labor relations professionals who function as hearing examiners and hearing officers, mediators, fact-finders, and researchers. There is an ad hoc panel whose members serve as part-time mediators, fact-finders, and hearing officers.
This law replaces PL 217 and establishes the statutory framework for collective bargaining between teachers and school employers. It may be described as a general labor relations statute defining the rights and duties of teachers and school boards, adjudication of disputes, and negotiation impasse resolution procedures.
Generally, an unfair labor practice is an action which is prohibited by the statute. All parties have duties and responsibilities imposed upon them by statute; the failure to meet these duties and responsibilities constitutes an unfair practice.
The IEERB gives notice to the employer, person or organization against whom the complaint is directed, and appoints a hearing examiner. The hearing examiner then determines whether IEERB has jurisdiction over the complaint and, if so, holds a hearing and issues a decision. The parties may seek review of the decision by the full three-member Board. Orders of the Board are subject to judicial review by the courts.
An impasse procedure is a method of attempting to resolve a collective bargaining dispute through the intervention of a third party when the parties have been unable to resolve the dispute themselves. Mediation and binding fact-finding are impasse procedures provided by Public Law 48. The parties equally share the costs for mediation and factfinding.
A mediator, as provided for by the statute, 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 catalysts to move the parties' positions to the common ground and agreement. Techniques used by mediators are many and varied.
When the parties are unable by themselves, or through a mediator, to resolve a dispute, a fact-finder investigates, holds a hearing, and issues a binding opinion as to the settlement of the dispute.
The IEERB's research department collects, compiles, and analyzes collective bargaining agreement and statistical data. For example, the research department calculates the state average increase in teachers' salaries. The state average is used in many school districts for collective bargaining purposes. IDOE will assume responsibility for the salary statistics in 2012.