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Fratus v. Marion Community Schools Board of Trustees12/27/1999
e bargaining with school employers through representatives of their own choosing, and to engage in other activities, individually or in concert for the purpose of establishing, maintaining, or improving salaries, wages, hours, salary and wage related fringe benefits, and other matters as defined in sections 4 and 5 of this chapter. A school employee may not be required to join or financially support through the payment of fair share fees, representation fees, professional fees, or other fees, a school employee organization. A rule, regulation, or contract provision requiring financial support from a school employee to a school employee organization is void.
(b) School employers shall have the responsibility and authority to manage and direct in behalf of the public the operations and activities of the school corporation to the full extent authorized by law. Such responsibility and activity shall include but not be limited to the right of the school employer to:
(1) direct the work of its employees;
(2) establish policy through procedures established in sections 4 and 5 of this chapter;
(3) hire, promote, demote, transfer, assign, and retain employees through procedures established in sections 4 and 5 of this chapter;
(4) suspend or discharge its employees in accordance with applicable law through procedures established in sections 4 and 5 of this chapter;
(5) maintain the efficiency of school operations;
(6) relieve its employees from duties because of lack of work or other legitimate reason through procedures established in sections 4 and 5 of this chapter; and
(7) take actions necessary to carry out the mission of the public schools as provided by law.
The IEERB is the administrative agency created by the General Assembly to administer the provisions of the CEEBA. Ind. Code § 20-7.5-1-9. The IEERB hears "unfair practices" complaints by school employees. Ind. Code § 20-7.5-1-7, defines "unfair practices" as:
(a) It shall be an unfair practice for a school employer to:
(1) interfere with, restrain or coerce school employees in the exercise of the rights guaranteed in Section 6 of this chapter. (2) dominate, interfere or assist in the formation or administration of any school employee organization or contribute financial or other support to it; provided, that subject to rules and regulations made by the governing body, a school employer may permit school employees to confer with the school employer or with any school employee organization during working hours without loss of time or pay;
(3) encourage or discourage membership in any school employee organization through discrimination in regard to hiring or tenure of employment or any term or condition of employment; (4) discharge or otherwise discriminate against a school employee because he has filed a complaint, affidavit, petition, or given any information or testimony under this chapter; (5) refuse to bargain collectively or discuss with an exclusive representative as required by any provisions of this chapter; (6) fail or refuse to comply with any provision of this chapter.
(b) It shall be an unfair practice for a school employee
organization or its agents to:
(1) interfere with, restrain or coerce (a) school employees in the exercise of the rights guaranteed by this chapter, or (b) a school employer in the selection of its representatives for the purpose of bargaining collectively, discussing or adjusting grievances. This paragraph shall not impair the right of a school employee organization to prescribe its own rules with respect to the acquisition or
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