Mandatory Impasse Procedures (Mediation & Factfinding)
Declaration of Impasse
By November 15th of each year, school corporations and their exclusive representation must have a ratified contract. If the contract has not been ratified then IEERB will declare impasse. Parties At-Impasse must complete the Bargaining Status Form: At-Impasse form. IEERB provides mandatory mediation and mandatory, binding factfinding for all Indiana teacher bargaining processes at impasse. In addition to IC 20-29 and 560 IAC 2, please see the information below for guidance on mandatory impasse procedures. Please consult your counsel if questions arise.
Bargaining Status Form I due (Gateway)
Ratified CBAs due (Gateway)
Impasse period begins
End of Impasse
What is mediation and what does a mediator do?
A mediator delineates the problems involved in bargaining, seeks solutions which can reasonably be accepted by both parties, and determines common grounds for agreement. Mediators act as facilitators, assisting the parties as they attempt to move toward settlement. Techniques used by mediators are many and varied. Mediation is mandatory in the event of impasse. Mediations are 1-3 sessions and will last up to 30 days. The costs associated with mediation are split between the parties. IEERB uses Ad Hoc Panelists to conduct mediation.
Last, Best Offer (LBO)
What is factfinding and what does a factfinder do?
When the parties are unable by themselves, or through a mediator, to resolve a dispute, a factfinder investigates, holds a hearing, and issues a binding decision based on a party’s last, best offer (LBO). Factfinding will last up to 30 days. The costs associated with factfinding are split between the parties. A factfinder’s decision is appealable to the Indiana Education Employment Relations Board. IEERB uses Ad Hoc Panelists to conduct factfinding.