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Governor Eric J. Holcomb
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Unfair Labor Practices

An unfair labor practice includes any conduct by a school employer or school employee organization that violates IC 20-29-7-1 or 2.

Conduct by a School Employee Organization that is an Unfair Labor Practice
  • Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed by IC 20-29-4.
  • Interfere with, restrain, or coerce a school employer in the selection of its representatives for the purpose of bargaining collectively, discussing, or adjusting grievances.
  • Cause or attempt to cause a school employer to discriminate against an employee in violation of IC 20-29-7-1.
  • Refuse to bargain collectively with a school employer if the school employee organization is the exclusive representative.
  • Fail or refuse to comply with any provision of IC 20-29.
Conduct by a School Employer that is an Unfair Labor Practice
  • Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed in IC 20-29-4.
  • Dominate, interfere, or assist in the formation or administration of any school employee organization or contribute financial or other support to the organization. Subject to rules adopted 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.
  • Encourage or discourage membership in any school employee organization through discrimination in regard to hiring, tenure of employment, or any term or condition of employment.
  • Discharge or otherwise discriminate against a school employee because the employee has filed a complaint, affidavit, petition, or any information or testimony under this article.
  • Refuse to bargain collectively with the exclusive representative.
  • Fail or refuse to comply with any provision of IC 20-29.

To file a Complaint against a School Employer: Sample Complaint Against a School Employer

To file a Complaint against a School Employee Organization: Sample Complaint Against a School Employee Organization

All Unfair Labor Practice Complaints and initial Appearances should be filed with IEERB via email to efile@ieerb.in.gov and must be served on all interested parties to the case.

After the Complaint is filed, IEERB will create a case in Thomson Reuters Case Center, IEERB's case management software for ULPs. In order to access Case Center, parties must register for a free account. Instructions on how to register for a free account can be found here.  Parties and anyone who has filed an appearance in the case will have access to the case in Case Center. All subsequent filings, including pleadings, motions, evidence, or other submissions should be filed in the appropriate section in Case Center. Instructions on how to upload a document into Case Center can be found here.

Upon receipt of a complaint, IEERB gives notice to the school employer or school employee organization against whom the complaint is directed and appoints a hearing examiner. The hearing examiner reviews the complaint and determines whether IEERB has jurisdiction over the complaint. The hearing examiner schedules a prehearing conference to discuss mediation, discovery, deadlines for motions and/or a date for a hearing. If the case is not resolved through an agreement by the parties, the hearing examiner will issue a decision based upon the hearing or motions filed by the parties.. The decision will determine whether the school employer or school employee organization committed an unfair labor practice. The parties may appeal the decision of the hearing examiner to the full five-member Board. The Board will issue a final decision, which is subject to judicial review by the courts.