Section 560IAC2-2-3. Petitions

   (a) Petition and complaint. A petition to determine the exclusive representative of a unit of school employees or a petition to determine the appropriate unit by unit clarification or amendment may be filed by a school employee organization, a school employer, or, in the case of a representation petition, a group of school employees constituting twenty percent (20%) of a unit under the conditions provided for in IC 20-7.5-1-10(c). The appropriate unit shall be determined under each such petition. A school employee may file a complaint as provided in IC 20-7.5-1-10(a)(2) to contest the composition of the unit.

  (b) Number of copies to be filed. All petitions shall be in writing, and the original and one (1) copy shall be filed with the board. Copies shall be served simultaneously on all known, interested parties, and proof of such service shall be furnished to the board.

  (c) Contents of petition for representation. In petitions for determining the exclusive representative, the petition shall contain:

(1) name, address, phone number, and name of superintendent of the school employer, and the name, title, address, and phone number of the school employer representative to contact;

(2) name, address, and phone number of the petitioner; the petitioner's school employee organization; name and address of the president of the school employee organization; and the name, address, and phone number of petitioner's representative;

(3) description of the bargaining unit claimed to be appropriate, the specific positions or classifications to be excluded from the unit, and section(s) of IC 20-7.5-1 providing for such exclusion;

(4) number of employees in the alleged appropriate unit;

(5) date of request for recognition as majority representative and date such request was declined by the school employer or a statement that no reply has been received or no request made;

(6) name, address, and phone number of any other school employee organizations claiming to represent twenty percent (20%) or more of the employees in the existing, appropriate unit; the name and address of the president of any such school employee organization; and the effective date(s) and the expiration date(s) of any existing collective bargaining agreement(s) covering school employees;

(7) where a school employee organization or a group of school employees files the petition, an assertion that twenty percent (20%) of the school employees in the unit wish to be represented by the organization or that twenty percent (20%) believe that the designated exclusive representative is no longer the representative of a majority of those in the unit;

(8) where appropriate, a concise statement of the disputes concerning the conduct of the election;

(9) any other relevant facts; and

(10) signature of petitioner or petitioner's duly authorized agent.

(11) If a school employer files a representation petition, the petition should include:

(A) the names of the one (1) or more school employee organizations having presented a claim to be recognized as the exclusive representative in an appropriate unit; or

(B) a statement that it has a good faith doubt that the certified school employee organization represents the majority of the school employees and a statement setting forth the basis of the good faith doubt.

  (d) Contents of petition for unit clarification or amendment. A petition for unit clarification, which seeks to modify an existing job position or classification, or a petition for unit amendment, which seeks to add to or exclude from the existing bargaining unit a new position, shall contain:

(1) name, address, phone number, and name of superintendent of school employer and the name, title, address, and phone number of the school employer representative to contact;

(2) where the petitioner is not the school employer, the name, address, and phone number of the petitioner or the petitioner's school employee organization; the name and address of the president of the certified school employee organization; and the name, title, address, and phone number of petitioner's representative;

(3) a description of the present bargaining unit and date of certification or recognition;

(4) proposed clarification or amendment of the unit and the reasons why proposed clarification or amendment is requested;

(5) any other relevant facts; and

(6) signature of petitioner or petitioner's duly authorized agent.

  An improperly marked type of request for filing a petition for clarification or amendment shall not operate to void the petition. The improper type of request shall be treated as proper, and the petition shall be considered amended.

  (e) Showing of interest. Evidence that twenty percent (20%) of the school employees in an appropriate unit wish to be represented for collective bargaining or wish to assert that the designated exclusive representative no longer represents a majority of school employees shall accompany the representation petition at the time of the filing or at any other time as may be set by the board or its agent.

  This evidence must be in writing and signed and dated by school employees in an appropriate unit. The evidence must indicate the school employees' wish to be represented by such school employee organization for the purpose of collective bargaining or must indicate the school employees' request to decertify the designated exclusive representative by asserting it is no longer the representative of the majority of school employees in the unit. Other evidence of probative value indicating that the requisite percentage of school employees desire representation or decertification may be considered.

  Evidence of the showing of interest shall be furnished only to the board or its agent, and determination of the adequacy of the showing of interest shall be made by the board or its agent.

  (f) Investigation of petitions. The board or its agent shall investigate the petition to determine if a valid question concerning the representation of school employees exists and if a determination of the appropriate unit is necessary.

  After ascertaining the positions of all parties involved, the board or its agent shall take appropriate measures to resolve the question concerning representation. Such disposition may consist of withdrawal or dismissal as set forth in subsection (g) of this section, the conduct of an election in an appropriate unit pursuant to the agreement of all interested parties, the conduct of a hearing and the direction of an election in an appropriate unit, or the dismissal of the petition after a hearing.

  The board or its agent shall notify the school employer if a question of representation is found to exist. For purposes of ascertaining a showing of interest, the school employer shall furnish the board or its agent within ten (10) days with the names and addresses of all certificated employees on its payroll or on approved leave of absence on the date of the filing of the petition. The date for submission of the eligibility list shall be at the discretion of the board or its agent.

  (g) Withdrawal or dismissal of petition. If the board determines after an investigation that the petition has not been timely filed or that no valid question concerning the representation of employees exists, the board may request the party filing such a petition to withdraw the petition without prejudice; or in the absence of a withdrawal within a reasonable time, the board or its agent may dismiss the petition.

  (h) Posting notice of pending petition. After the filing of a petition or receipt of a petition filed by another party, the school employer shall, at the request of the board, post a notice in places where notices are normally posted affecting the school employees in the unit involved in the proceeding.

  Such notice shall be on a form to be furnished by the board and shall contain the following:

(1) name of the party or parties filing the petition;

(2) a description of the unit involved and the action requested; and

(3) a statement that any interested parties may, up to three (3) days prior to the hearing, advise the board of their intention to intervene.

  The hearing officer may allow intervention at the hearing if good cause is shown as to why the party could not notify the board within the time prescribed.

  The notice shall remain posted for a period of ten (10) days from the date of receipt by the school employer.

  (i) Public docket. The board shall maintain a public docket of all petitions filed under 560 IAC 2 [this article]. (Indiana Education Employment Relations Board; 560 IAC 2-2-3; filed Oct 6, 1988, 11:15 a.m.: 12 IR 302; 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)