Section 560IAC2-4-3.1. Last best offer

  1. (a) The last best offer (LBO) shall be presented to the opposing party at the end of mediation. The LBO must be submitted to the IEERB electronically within two (2) days after mediation has ended. The LBO submitted to IEERB must be identical to the LBO presented to the opposing party at the end of mediation.

  (b) Each party's LBO shall contain a signed verification stating that all information is correct and that the LBO does not place the employer in a position of deficit financing due to a reduction in the employer's actual general fund revenue or an increase in the employer's expenditures when the expenditures exceed the employer's current year actual general fund revenue. The LBO shall:

(1) be submitted in the format required by the IEERB; and

(2) include all information and documents required by the IEERB.

Prior to October 1st of each year, IEERB will post on its website the required format, information, and documents for an LBO for that year's bargaining season. This information also will be sent to the parties upon declaration of impasse.

  (c) The LBO shall be submitted to IEERB electronically. If the large size of any supporting documentation precludes electronic delivery, the supporting documentation may be submitted to IEERB in hard copy or an electronic format within twenty-four (24) hours of the submission of the LBO.

  (d) IEERB shall review the LBOs to ensure that the LBO is in the required format and contains the required information and documents. Failure to substantially comply with the requirements of an LBO could result in rejection of the submitted LBO and acceptance of the opposing party's LBO.

  (e) If a party has substantially complied with the LBO requirements, IEERB will notify the submitting party, who will have twenty-four (24) hours to provide the requested format, information, or documents. Failure to submit an LBO as requested by IEERB could result in rejection of the submitted LBO and acceptance of the opposing party's LBO. (Indiana Education Employment Relations Board; 560 IAC 2-4-3.1; filed Aug 28, 2012, 2:06 p.m.: 20120926-IR-560120112FRA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)