What is an Unfair Practice?
Conduct by a school employer or school employee organization that violates IC 20-29-7.
Sec. 1. (a) It is an unfair practice for a school employer to do any of the following:
(1) Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed in IC 20-29-4.
(2) Dominate, interfere, or assist in the formation or administration of any school employee organization or contribute financial or other support to the organization. Subject to rules adopted by the governing body, a school employer may permit school employees to confer with the school employer or with any school employee organization during working hours without loss of time or pay.
(3) Encourage or discourage membership in any school employee organization through discrimination in regard to:
(B) tenure of employment; or
(C) any term or condition of employment.
(4) Discharge or otherwise discriminate against a school employee because the employee has filed a complaint, affidavit, petition, or any information or testimony under this article.
(5) Refuse to:
(A) bargain collectively; or
with an exclusive representative as required by this article.
(6) Fail or refuse to comply with any provision of this article.
(1) a complaint is filed that alleges an unfair practice has occurred with respect to a subject that may be discussed under this article; and
(2) the complaint is found to be frivolous;
the party that filed that complaint is liable for costs and attorney’s fees.
Sec. 2 It is an unfair practice for a school employee organization or the organization's agents to do any of the following:
(1) Interfere with, restrain, or coerce:
(A) school employees in the exercise of the rights guaranteed by this article; or
(B) a school employer in the selection of its representatives for the purpose of bargaining collectively, discussing, or adjusting grievances.
This subdivision does not impair the right of a school employee organization to adopt its own rules with respect to the acquisition or retention of membership in the school employee organization.
(2) Cause or attempt to cause a school employer to discriminate against an employee in violation of section 1 of this chapter.
(3) Refuse to bargain collectively with a school employer if the school employee organization is the exclusive representative.
(4) Fail or refuse to comply with any provision of this article.
What is a Grievance?
Every Indiana public school employee has the right to seek redress for grievances related to her or his employment. Grievance procedures provide a mechanism where problems in relation to work, the work environment and working relationships can be raised and addressed. Under current law, Indiana teaching contracts may contain a grievance procedure. Addtionally, IC20-29-6-9 specifically allows a public school employee to petition her or his school employer, governing body, or superintendent for a redress of a school employee’s grievances, either individually or through their exclusive representative.