Indiana § 36-8-22-12 - Meet and confer; advisory opinion; mediation and conciliation

§ 36-8-22-12. Meet and confer; advisory opinion; mediation and conciliation

Sec. 12. (a) An exclusive recognized representative of the employees of an employer that elects to meet and confer with an employer must notify the employer in writing that the exclusive recognized representative intends to exercise its rights under this chapter.

(b) Except as provided by section 13 of this chapter, an employer who has received a written notice under subsection (a) shall meet and confer in good faith at reasonable times, including meeting in advance of the budget making process, to discuss issues and proposals regarding wages, hours of employment, and other conditions and terms of employment with the exclusive recognized representative.

(c) If the employer and exclusive recognized representative are unable to reach an agreement concerning the issues listed in subsection (b), either party may request an advisory opinion from the commissioner of labor or the commissioner's designee. However, the commissioner of labor may not consider the following issues when rendering an advisory opinion under this subsection:

(1) Discipline.

(2) Individual grievances.

(3) Any other issue that the commissioner considers inappropriate.

A party may request not more than one (1) advisory opinion per year under this subsection.

(d) If the employer or the exclusive recognized representative is not satisfied with the process under this section, either party may appeal to the commissioner of labor to request mediation and conciliation under IC 22-1-1-8(4).

(e) If the employer or the exclusive recognized representative makes an appeal under subsection (d), the commissioner of labor shall appoint, within thirty (30) days of the request, a temporary board or designee to:

(1) hear arguments from both parties; and

(2) issue a written recommendation for resolution.

(f) The administrative cost of the meeting under subsection (b), advisory opinion under subsection (c), and mediation under subsections (d) and (e) must be:

(1) divided equally between; and

(2) paid by;

the employer and the exclusive recognized representative.

(g) The parties must pay the administrative costs for an advisory opinion under subsection (c) or a mediation under subsections (d) and (e) to the department of labor within ten (10) days after the commissioner issues an advisory opinion or written recommendation.

(h) The department of labor shall transfer any amounts received under subsection (g) for an advisory opinion or mediation to the treasurer of state for deposit in the state general fund.

As added by P.L.48-2007, SEC.1. Amended by P.L.6-2022, SEC.2.