Authority: IC 20-29-3-11

Affected: IC 4-22-2-19.6; IC 20-29-7-5

Sec. 5.5. (a) The following factors are used in determining civil penalty amounts for an unfair practice violation:

1. (1) The amount assessed in comparable cases.
2. (2) If the school employer or exclusive representative acted in bad faith or knew, or should have known, the action was an unfair practice.
3. (3) The gravity of the unfair practice committed by the school employer or exclusive representative.
4. (4) The clarity of the legal standard of the action taken by the school employer or exclusive representative.
5. (5) The history of unfair practices committed by the school employer or exclusive representative.

(b) A civil penalty determined under subsection (a) is at least five hundred dollars ($500), but not more than five thousand dollars ($5,000).

(Indiana Education Employment Relations Board; 560 IAC 2-3.1-5.5; filed Oct 21, 2024, 12:42 p.m.: 20241120-IR-560240221FRA)