560 Ind. Admin. Code 2-2.1-11

Current through May 29, 2024

Section 560 IAC 2-2.1-11 - Investigation and adjudication of petitions

Authority: IC 20-29-3-11; IC 20-29-5-4

Affected: IC 4-21.5; IC 20-29-5-1; IC 20-29-5-3

Sec. 11.

(a) The hearing officer shall determine whether:

(1) a valid question concerning the representation of school employees exists; and

(2) a determination of the appropriate unit is necessary.

(b) The hearing officer shall take appropriate measures to resolve the question of representation, including briefing by the parties, submission of evidence, and a hearing.

(c) The hearing officer may dismiss a petition without motion from the parties, prior to a hearing, if:

(1) the petition was not timely filed; or

(2) based on the written submissions and evidence of the parties, no valid question of representation exists.

(d) Parties may request adjudication under section 11(c) of this rule [subsection (c)], prior to a hearing, via dispositive motions.

(e) If the hearing officer has reasonable cause to believe that a question of representation exists a hearing shall be scheduled within thirty (30) days of such determination for oral argument on the parties' written submissions and evidence. The parties may waive a hearing and request determination based solely on written submissions.

(f) Once a determination that the showing of interest or good faith doubt has been made, such showing establishes a presumption that a question of representation exists requiring an election be held. A showing of interest or good faith doubt, once established, may not be rebutted except by showing fraud, duress, mistake, or bad faith.

(g) Should the parties choose to forego a hearing or determination by mutually entering a consent election, the parties may, with the approval of the hearing officer, enter such a consent election agreement on the following subjects:

(1) Description of the appropriate unit.

(2) The date to be used in determining the list of eligible employees.

(3) The date, manner, and time of balloting.

However, the board retains authority and control over all other aspects of the election.

(h) If the hearing officer finds that a question of representation exists, the hearing officer shall order that an election be had, including the procedures of the election. The parties may provide recommendations to the hearing officer as to the time, place, and manner of the election in accordance with this article.

(i) Hearings under IC 20-29-5-1 and IC 20-29-5-3 shall be considered investigatory and not adversarial. IC 4-21.5 does not apply to adjudications under this rule.

560 IAC 2-2.1-11

Indiana Education Employment Relations Board; 560 IAC 2-2.1-11; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRA

Readopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA