560 IAC 2-4-7 Stay of impasse

Sec. 7. (a) Impasse shall be stayed when an unfair practice complaint is filed and: (1) the complaint requests a stay of impasse procedures; (2) the complaint alleges that a school employer committed an unfair labor practice; and (3) the subject matter of the case effects impasse procedures or the ability of a party to bargain. (b) The executive director may at the executive director's discretion issue a stay of impasse without request by the parties when an unfair practice complaint: (1) alleges that a school employer committed an unfair labor practice; and (2) the subject matter of the case effects impasse procedures or the ability of a party to bargain. (c) The stay of impasse will continue until a determination of the unfair practice complaint is made. The complaint shall be given priority over other unfair practice complaints. (d) The executive director may proceed with the impasse procedures where: (1) the complaining party in the unfair practice complaint does not request a stay; (2) the complaining party in the unfair practice complaint later requests that impasse procedures proceed; or (3) the executive director determines that a stay is inappropriate given the nature of the allegations. (e) The executive director may grant a stay of impasse procedures pending the board's final order in an appeal of: (1) a compliance officer's Compliance Report and Recommendation; or (2) a compliance officer's denial of written approval required to ratify a subsequent collective bargaining agreement or memorandum of understanding.