Sec. 12. (a) Either party to the dispute may within fifteen (15) days from the date such order is filed with the clerk of the court petition the circuit court, superior court, or probate court of any county, in which the employer operates or has an office or place of business, for a review of such order on the ground:

(1) that the parties were not given reasonable opportunity to be heard;

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Terms Used In Indiana Code 22-6-2-12

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • collective bargaining: means collective bargaining of or similar to the kind provided for by Indiana Code 22-6-2-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Probate: Proving a will
  • Summons: Another word for subpoena used by the criminal justice system.
  • Venue: The geographical location in which a case is tried.
(2) that the board of arbitration exceeded its powers;

(3) that the order is unreasonable in that it is not supported by the evidence; or

(4) that the order was procured by fraud, collusion, or other unlawful means or methods.

     (b) A summons to the other party to the dispute shall be issued as provided by law in other civil cases; and either party shall have the same rights to a change of venue from the county, or to a change of judge, as provided by law in other civil cases.

     (c) The judge of the circuit court, superior court, or probate court, without the intervention of a jury, shall hear the evidence adduced by both parties with respect to the issue raised by such petition and may reverse said order only if the judge finds that:

(1) one (1) of the parties was not given reasonable opportunity to be heard;

(2) the board of arbitration exceeded its powers;

(3) the order is unreasonable in that it is not supported by the evidence; or

(4) the order was procured by fraud, collusion, or other unlawful means or methods.

     (d) The decision of the judge shall be final. If the court reverses said order for one (1) of the reasons stated in this section, the clerk of said court shall certify the court’s decision to the governor, who may either attempt further conciliation or may appoint another board of arbitration, as provided for in this chapter, in the event that the parties do not prefer first to engage in further collective bargaining in an attempt to settle such dispute.

Formerly: Acts 1947, c.341, s.12. As amended by P.L.84-2016, SEC.95; P.L.136-2018, SEC.124.

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