Section 560IAC2-2-12. Certification and closing of case  


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  •    (a) Certification. A school employee organization shall be certified as the exclusive representative if the number of valid ballots cast for it equals a majority of all school employees who were eligible to vote in the election.

      (b) Issuance of certification and closing. If no objections are filed within the time set forth in 560 IAC 2-2-9(i) [section 9(i) of this rule], if the challenged ballots are insufficient in number to affect the result of the election, if no runoff is to be held pursuant to 560 IAC 2-2-10 [section 10 of this rule], or if no rerun resulted as provided in 560 IAC 2-2-11 [section 11 of this rule], the chairman shall forthwith issue to the parties a certification of results of the election or a certification of the exclusive representative with the same force and effect as if issued by the board; and the proceeding will thereupon be closed.

      (c) Challenged ballots and certification results. In cases where the number of challenged ballots is sufficient to affect the result of the election and the hearing officer rules that all challenges be sustained, he shall serve the ruling upon all parties and confirm the initial tally. If the ruling of the hearing officer does not sustain all challenges, then a new count and revised tally shall be made as provided in 560 IAC 2-2-9(h) [section 9(h) of this rule]. If no objection to the confirmed initial tally or revised tally or exceptions to the rulings on challenged ballots is filed within five (5) days, the chairman shall forthwith issue to the parties certification of the results of the election or a certification of the exclusive representative with the same force and effect as if issued by the board.

      (d) Objections and board certification. In cases where objections have been filed, the board shall rule on all objections. If the board finds no grounds sufficient to call for an inconclusive or null election and no grounds to order a runoff, the board shall forthwith issue to the parties a certification of the results of the election or a certification of the exclusive representative, where appropriate. (Indiana Education Employment Relations Board; 560 IAC 2-2-12; filed Oct 6, 1988, 11:15 a.m.: 12 IR 307; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)