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

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

Sec. 14. (a) Except as otherwise provided in subsection (b), "eligible employee" or "eligible voter" for purposes of an election shall be school employees who are:

1. (1) included in the bargaining unit as that unit is described in the most recent board order; and
2. (2) employed during the payroll period immediately preceding the election.

Employees who did not work during that period due to a school employer approved absence are eligible to vote.

(b) The school employer shall file with the hearing officer and the school employee organization or organizations a certified list of eligible voters as defined in subsection (a) at least ten (10) days prior to the election. The list shall include an alphabetical listing of the school employees and any additional information as determined by the hearing officer. The school employer shall provide at the end of the voting period an updated eligibility list, if applicable.

(c) Challenges to the eligibility of any voters shall be filed with the hearing officer within five (5) days of receipt of any eligibility list. Failure to bring any challenge to the eligibility of any voter shall waive any future challenge to eligibility, except for good cause shown that grounds for the challenge was not discoverable prior to such time. Challenges to the eligibility of any voter shall:

1. (1) be in writing;
2. (2) specify the nature of the challenge and facts in support;
3. (3) be signed by the party;
4. (4) be electronically filed with the board in accordance with 560 IAC 2-6-1.1; and
5. (5) be electronically served on all parties.

(d) The hearing officer shall resolve any challenges to voter eligibility prior to the first day of the election by the hearing officer. Any other challenges may be brought at any time if good cause is shown why the challenge was not otherwise discoverable prior to the challenge deadline.

(e) Unless determined otherwise by the hearing officer, a school employee whose name does not appear on the eligibility list shall not be precluded from voting but shall be challenged on the day the votes are tallied.

(Indiana Education Employment Relations Board; 560 IAC 2-2.1-14; filed May 24, 2018, 11:06 a.m.: 20180620-IR-560170443FRA; readopted filed Aug 16, 2022, 2:41 p.m.: 20220914-IR-560220222RFA)