Section 560IAC2-2-13. Period of unchallengeable representation

   (a) Where a valid election has been held in a bargaining unit in the preceding twenty-four (24) months, no petition for a subsequent election may be filed until sixty (60) days before the second anniversary of the first ballot in the election; and no election shall be conducted until at least twenty-four (24) months after the first ballot in the previous election.

  (b) If board investigation under section 3(f) of this rule shows that a school employee organization has been duly recognized under procedures conforming to IC 20-7.5-1-10(b) within the preceding twelve (12) months, any petition filed under section 3 of this rule shall be dismissed.

  (c) A representation petition shall be held in abeyance where an unfair practice complaint is filed alleging that the school employer violated IC 20-7.5-1-7(a)(2) by dominating, interfering, or assisting in the formation or administration of the school employee organization. The complaint for unfair practice must specifically request that the election be stayed. If an IC 20-7.5-1-7(a)(2) violation is alleged in the complaint and the complaint requests a stay of the election, proceedings on the representation petition shall be stayed until a determination of the unfair practice complaint is made under proceedings provided for unfair practices. The IC 20-7.5-1-7(a)(2) complaint shall be given priority over other unfair practice complaints. The board or its agent may proceed with the representation petition where:

(1) the complaining party in the unfair practice complaint requests that the election proceed;

(2) the unfair practice complaint does not request the election be stayed and the board or its agent determines that school employees would be able to freely exercise their choice; or

(3) the unfair practice complaint is filed too late to permit an investigation of the complaint before the scheduled election.

The board or its agent may consolidate representation proceedings with the unfair practice proceedings. All hearings provided for in sections 6 and 7 of this rule shall be conducted by a hearing examiner as provided for in 560 IAC 2-3-1 through 560 IAC 2-3-5.

  (d) If an investigation under section 3(f) of this rule reveals that a written collective bargaining agreement with substantive terms exists between the school employer and a school employee organization which is certified or has been duly recognized under procedures conforming to IC 20-7.5-1-10(b), a representation petition filed under section 3(c) of this rule shall be dismissed; provided, however, the representation petition shall not be dismissed if the petition is filed between January 15 and February 14, inclusive of the calendar year of the expiration date of the collective bargaining agreement. A collective bargaining agreement having a term in excess of two (2) years shall be treated as an agreement for a term of two (2) years from its date of execution. A collective bargaining agreement for an indefinite term shall be treated as a one (1) year agreement measured from the date of execution. Extensions of any collective bargaining agreement shall not extend the period of unchallengeable representation status. In addition, any such collective bargaining agreement entered into after the effective date of this amendment to this section, and executed within the twenty-four (24) month period immediately subsequent to a previous valid election, shall not operate as a bar to a representation petition.

  (e) The election bar in subsection (a), the recognition bar in subsection (b), a pending unfair practice complaint in subsection (c), and a contract bar in subsection (d) shall not operate to bar proceedings initiated by a petition for unit clarification or a petition for unit amendment. No petition may be filed for a unit clarification where the board has made a unit clarification decision within the previous twelve (12) months. A petition for unit amendment may be filed at any time, and the twelve (12) month rule shall not apply. (Indiana Education Employment Relations Board; 560 IAC 2-2-13; filed Oct 6, 1988, 11:15 a.m.: 12 IR 307; filed May 8, 1996, 3:00 p.m.: 19 IR 2877; 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)