Authority: IC 20-29-3-11

Affected: IC 20-29-5-3

Sec. 10. (a) Evidence of a showing of interest provided by a school employee organization or twenty percent (20%) of the school employees shall:

1. (1) be in writing and signed and dated by individual school employees in the appropriate unit;
2. (2) indicate each school employee's wish to be represented by such school employee organization, or no school employee organization, for the purpose of collective bargaining;
3. (3) indicate the school employee's request to decertify the designated exclusive representative by asserting it is no longer the representative of the majority of school employees in the unit, should there be an exclusive representative; and
4. (4) demonstrate at least twenty percent (20%) representation of school employees in the unit.

(b) Any showing of interest document signed by school employees must include a written notice:

1. (1) that the employee has the right to revoke the employee's signature by contacting the board;
2. (2) of the current contact information for the board; and
3. (3) that subsequently signed documents evidencing a showing of interest revoke any prior signed documents.

(c) Documentation of a showing of interest that fails to comply with subsection (a) shall be invalid for purposes of initially determining a showing of interest under this rule.

(d) To make a showing of good faith doubt as to the representation of school employees by the exclusive representative, a school employer shall demonstrate by a preponderance of evidence that the exclusive representative does not represent a majority of employees in the bargaining unit.

(e) Any evidence of probative value supporting or disproving that a question of representation exists may be considered by the hearing officer.

(f) To rebut an alleged showing of interest, an exclusive representative shall demonstrate greater than eighty percent (80%) representation of school employees in the unit complying with the same documentation requirements for a showing of interest in subsection (a).

(g) To rebut an alleged good faith doubt, an exclusive representative shall demonstrate greater than fifty percent (50%) representation of school employees in the unit complying with the same documentation requirements for a showing of interest in subsection (a).

(h) Any personally identifying information in a showing of interest or good faith doubt is strictly confidential, shall be furnished only to the board and hearing officer, and shall not be made available to opposing parties or the public. Upon request, parties may obtain the documentation with identifying information redacted. Determination of the adequacy of the showing of interest or good faith doubt shall be made by the hearing officer in camera.

(i) For purposes of ascertaining a showing of interest, the school employer shall furnish the hearing officer the names and addresses of all current unit members on the school employer's payroll or on approved leave of absence on the date of the filing of the petition. The date for submission of the eligibility list shall be at the discretion of the hearing officer. Only eligible employees may be considered for a showing of interest. Employees not part of the unit or retirees shall not be considered to support a showing of interest.

(j) A party may challenge with the hearing officer:

1. (1) names appearing on the eligibility list that are ineligible; or
2. (2) whether a name should be added to the eligibility list that was omitted.

(Indiana Education Employment Relations Board; 560 IAC 2-2.1-10; filed May 24, 2018, 11:06 a.m.: 20180620-IR- 560170443FRA; readopted filed Aug 16, 2022, 2:41 p.m.: 20220914-IR-560220222RFA)