Section 560IAC2-8-8. Prior approval for ratifying subsequent agreement

   (a) If the final order of the board requires the parties to obtain written approval from the board or board's agent prior to ratifying any subsequent CBA or MOU, the following shall occur:

(1) The board chair shall appoint a staff member or ad hoc panel member to serve as the compliance officer to review the tentatively agreed upon CBA or MOU.

(2) The written appointment shall:

(A) be made no later than August 1; and

(B) be provided to both the school employer and the exclusive representative.

(3) The school employer shall submit a copy of the tentatively agreed upon CBA or MOU to the compliance officer in the manner prescribed by the compliance officer.

(4) The compliance officer shall review the CBA or MOU and provide the parties with a written notice of approval or denial.

  (b) If the compliance officer issues a denial of approval to ratify, the notice shall identify the terms of the CBA or MOU that preclude the compliance officer's approval.

  (c) Absent a timely appeal and as soon as practicable, the parties shall correct the noncompliant terms and submit a new tentatively agreed upon CBA or MOU to the compliance officer for review in accordance with this section.

  (d) Parties have four (4) business days from the date the notice of denial is e-mailed to appeal the compliance officer's decision.

  (e) The appeal must be in writing and describe, with reasonable particularity, the reason the identified terms of the CBA or MOU should be approved.

  (f) Upon the timely filing of an appeal, the board shall make a determination and issue a final notice of approval or denial no later than thirty (30) days after receipt of the appeal.

  (g) The board or its agent may stay impasse proceedings pending the board's final order in an appeal under this section.

  (h) Failure to obtain approval to ratify a CBA subjects the parties to impasse procedures pursuant to IC 20-29-6-13 unless impasse is otherwise stayed by the board or the board's agent.

  (i) Any ratification of a subsequent CBA or MOU without the written approval of the board or the board's agent as required in this section, shall be considered null and void, and the parties will proceed through impasse proceedings pursuant to IC 20-29-6-13 as applicable. (Indiana Education Employment Relations Board; 560 IAC 2-8-8; filed Jan 7, 2016, 8:13 a.m.: 20160203-IR-560150200FRA)