Authority: IC 20-29-3-11

Affected: IC 20-29-5-3; IC 20-29-7-1

Sec. 12. (a) A petition for representation may be stayed at the discretion of the presiding hearing officer, or the executive director, when an unfair practice complaint is filed alleging that the school employer violated IC 20-29-7-1(a)(2) by dominating, interfering, or assisting in the formation or administration of the school employee organization.

(b) If an IC 20-29-7-1(a)(2) violation is alleged in the complaint and the complaint requests a stay of the election or is otherwise determined appropriate by the hearing officer, proceedings on the representation petition shall be stayed until a determination of the unfair practice complaint is made under the procedures provided for unfair practices.

(c) A complaint pursuant to IC 20-29-7-1(a)(2) shall be given priority over other unfair practice complaints and shall proceed on an expedited time frame.

(d) A hearing officer may proceed with a stayed representation petition where:

1. (1) the complaining party in the unfair practice complaint requests that the election proceed;
2. (2) the unfair practice complaint does not request the election be stayed and the hearing officer determines that school employees would be able to freely exercise their choice;
3. (3) the unfair practice complaint is filed too late to permit an investigation of the complaint before the scheduled election; or
4. (4) any other reason determined by the hearing officer to impact employees' free choice in the election.

(Indiana Education Employment Relations Board; 560 IAC 2-2.1-12; filed May 24, 2018, 11:06 a.m.: 20180620-IR- 560170443FRA; readopted filed Aug 16, 2022, 2:41 p.m.: 20220914-IR-560220222RFA)