Ind. Admin. Code tit. 560, r. 2-4-1 – Resolution of an impasse; petition for assistance

Sec. 1. (a) The executive director shall declare impasse sixty (60) days following the beginning of formal bargaining if either of the following occurs:

(1) The parties notify the board of impasse.
(2) The parties are, or are supposed to be under the terms of their CBA, in collective bargaining for all or part of a CBA and have not submitted a CBA to the board.

(b) Upon the declaration of impasse, each party is required to provide the board with the name, position, address, email address, and phone number of its chief spokesperson, and of the individual to whom billing invoices should be submitted. Each party is required to immediately submit a change in contact information occurring during a mediation or factfinding process.

(c) A school employer shall provide to the board and the exclusive representative the following information, upon which the school employer intends to rely to support the school employer's LBO, from the general fund, or for LBOs occurring on or after January 1, 2019, the education fund, and documents supporting that information:

(1) all revenue;
(2) bargained teacher expenses;
(3) nonbargained teacher expenses; and
(4) nonteacher expenses.

All such information or documentation shall be provided within fourteen (14) days of the declaration of impasse, except in circumstances where modified LBO requirements are necessary pursuant to section 3.1 of this rule wherein the executive director shall determine the time within which such documentation shall be provided. A school employer shall be precluded from relying on any numbers not provided to the board and the exclusive representative, unless the school employer can demonstrate a good faith showing as to why the information and documents were not available at that time.

(d) Unless otherwise indicated in this article all correspondence for impasse procedures shall be via email. Parties or the board may, in addition to email, correspond via mail, facsimile, or hand delivery. Receipt of an email will be presumed upon dispatch.

(Indiana Education Employment Relations Board; 560 IAC 2-4-1; filed Oct 6, 1988, 11:15 a.m.: 12 IR 315; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; filed Aug 28, 2012, 2:06 p.m.: 20120926-IR-560120112FRA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA; filed May 24, 2018, 11:06 a.m.: 20180620-IR-560170443FRA; readopted filed Aug 16, 2022, 2:41 p.m.: 20220914-IR- 560220222RFA)