Section 560IAC2-2-14. Review by the full board

   (a) Notice of intent to file objections. Any party may file a notice of intent to file objections within fifteen (15) days of:

(1) the dismissal or withdrawal of a representation petition;

(2) a unit amendment or clarification decision where no election is ordered;

(3) other representation issue decided;

(4) certification of election results or representation when an election is conducted; or

(5) certification of election results or representation where there are objections to the conduct of an election.

The notice of intent shall identify the basis of the objection with reasonable particularity.

  (b) Contents of objections. When a notice of intent is timely filed, the chairman shall set a date by which the petition for review with supporting briefs shall be filed. Each objection shall:

(1) set forth specifically any matters of procedure, fact, law, or policy to which the petitioner objects;

(2) identify that part of the hearing officer's report, if any, to which objection is made;

(3) designate by precise citation of page the portions of the record, if any, relied upon; and

(4) state the grounds for the objections and include the citation of authorities, where applicable, unless set forth in a supporting brief.

  If the party desires to argue orally to the board, the request to do so must accompany the objections. Any objection to a hearing officer's report or ruling or the chairman's certification of election results or representation which is not specifically argued shall be deemed to have been waived. Any objection which fails to comply with the foregoing requirements may not be argued, orally or in briefs, before the board or in any further proceedings before a hearing officer on remand.

  (c) Contents of answering briefs. After the petitioner has filed objections and a brief in support thereof and within such time as the chairman may allow, any party opposing the objections may file an answering brief to the objections. The answering brief to the objections shall be limited to the questions raised in the objections and in the brief in support thereof.

  (d) Motion to dismiss. If any motion in the nature of a motion to dismiss the petition in its entirety is granted by the hearing officer, the hearing officer shall make findings and conclusions in support of the ruling and forward the case to the board. The hearing officer shall file the original of these findings and conclusions with the board and cause a copy thereof to be served upon each of the parties. The filing of the findings and conclusions shall operate to transfer the case to the board.

  (e) Automatic decision and final order of board. In the event no timely and proper objections to unit clarification and unit amendment decisions, tally results, and certification of election results or representation are filed as provided for in 560 IAC 2-2 [this rule], the order(s), ruling(s), or report of the hearing officer shall become the decision and final order of the board. All objections to the hearing officer's ruling(s), order(s), or report shall be deemed to have been waived for all purposes.

  (f) Unit determination review. There shall be no review of a unit determination while there is a pending election until after the election. A unit determination challenge by the school employer, the school employee organization(s) on the ballot, or the board or its agent may be preserved at the time of the election.

  (g) Board decision. Upon the filing of timely and proper objections and answering briefs, the board may decide the matter upon the record, with or without oral arguments. If the record is insufficient, the board may remand the case for further proceeding before a board member or a hearing officer. Regardless of whether the board decides the matter upon the original record or after remand, the board shall issue a final order affirming, modifying, or dissolving the hearing officer's ruling(s), order(s), or report.

  (h) Board final order. The final order of the board shall:

(1) direct an election in an appropriate unit;

(2) dismiss the petition, in whole or in part;

(3) affirm or reverse the chairman's or hearing officer's order and/or actions, in whole or in part; or

(4) make such other disposition of the matter as it deems appropriate.

In a unit clarification or unit amendment decision, the final order of the board must identify any differences between the final order and the report issued by the hearing officer and include findings of fact or incorporate the findings of fact in the hearing officer's report by express reference to the report.

  (i) Record of representation proceedings. The record of the representation proceedings shall consist of: the petition, any complaints filed by individual school employees, papers filed by other parties in response to the petition, notice of the hearing, motions, rulings, orders, the transcript of the hearing, stipulations, exhibits, documentary evidence, affidavits of service, depositions, and any briefs or other documents submitted by the parties to the hearing officer. (Indiana Education Employment Relations Board; 560 IAC 2-2-14; filed Oct 6, 1988, 11:15 a.m.: 12 IR 308; 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)