Indiana Code 20-29-5-6. Dues deductions
(1) deduct from the pay of the employee any dues designated or certified by the appropriate officer of a school employee organization that is an exclusive representative of any employees of the school employer; and
Terms Used In Indiana Code 20-29-5-6
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(b) Deductions under this section must be consistent with:
(1) IC 22-2-6;
(2) IC 22-2-7; and
(3) IC 20-28-9-18.
(c) The following apply to a deduction authorization by a school employee under subsection (a) or when a school employer agrees with a school employee organization to deduct school organization dues from a school employee’s pay:
(1) A school employee has the right to resign from, and end any financial obligation to, a school employee organization at any time. The right described in this subdivision may not be waived by the school employee.
(2) The authorization for withholding form shall include the school employee’s full name, position, school employee organization, and signature and shall be submitted directly to the school employer by the school employee. After receiving the authorization for withholding form, the school employer shall confirm the authorization by sending an electronic mail message to the school employee at the school employee’s school provided work electronic mail address and shall wait for confirmation of the authorization before starting any deduction. If the school employee does not possess a school provided work electronic mail address, the school employer may use other means it deems appropriate to confirm the authorization.
(3) An authorization for school employee organization dues to be deducted from school employee pay shall be on a form prescribed by the attorney general, in consultation with the board, and shall contain a statement in 14 point type boldface font reading: “The State of Indiana wishes to make you aware that you have a First Amendment right, as recognized by the United States Supreme Court, to refrain from joining and paying dues to a union (school employee organization). Your membership and payment of dues are voluntary, and you may not be discriminated against for your refusal to join or financially support a union. By signing this form, you are agreeing to authorize your employer to deduct union dues from your salary in the amounts specified in accordance with your union’s bylaws. You may revoke this authorization at any time.”.
(4) Authorizations by a school employee for the withholding of school employee organization dues from the school employee’s pay shall not exceed one (1) year in duration and shall be subject to annual renewal.
(5) Upon the submission of a written or electronic mail request to a school employer, a school employee shall have the right to cease the withholding of school employee organization dues from their pay. Upon receipt of a request, the school employer shall:
(A) cease the withholding of school employee organization dues from the school employee’s pay beginning on the first day of the employee’s next pay period; and
(B) provide written or electronic mail notification of the school employee’s decision to the school employee organization.
The notification in clause (B) must occur within a reasonable time to ensure that the school employee is not required to have dues withheld during the school employee’s next pay period or any subsequent pay period.
(6) A school employer shall annually provide, at a time the school employer prescribes, written or electronic mail notification to its school employees of their right to cease payment of school employee organization dues and to withdraw from that organization. The notification must also include the following:
(A) The authorization form described in subsection (c)(3).
(B) The amount of dues that the school employee will be liable to pay to the school organization during the duration of the authorization, if the employee does not revoke the authorization before it expires.
(d) On or before July 1, 2021, and not later than July 30 of each year thereafter, the attorney general, in consultation with the board and the department, must notify all school employers of the provisions described in subsection (c). This notice must include the authorization form described in subsection (c)(3).
(e) Subsection (c)(3) does not apply to a collective bargaining agreement or any other contract entered into or renewed before July 1, 2022. However, subsection (c)(3) applies to any collective bargaining agreement or contract entered into, renewed, modified, extended, or amended after June 30, 2022.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-8.]
As added by P.L.1-2005, SEC.13. Amended by P.L.98-2021, SEC.1; P.L.22-2022, SEC.1.