Ind. Code ch. 22-6-2

in effect

Ind. Code § 22-6-2-1 Public policy

Sec. 1. It is hereby declared to be the public policy of the state of Indiana that it is necessary and essential in the public interest to facilitate the prompt, peaceful and just settlement of labor disputes between public utility employers and their employees which cause or threaten to cause an interruption in the supply of services necessary to the health, safety, and well-being of the citizens of Indiana, and to that end to encourage the making and maintaining of agreements concerning wages, hours and other conditions of employment through collective bargaining between public utility employers and their employees, and to provide settlement procedures for labor disputes between public utility employers and their employees in cases where the collective bargaining process has reached an impasse and stalemate and as a result thereof the parties are unable to effect such settlement and which labor disputes, if not settled, are likely to cause interruption of the supply of a public utility service on which the community so affected is so dependent that severe hardship would be inflicted on a substantial number of persons by a cessation of such service. Formerly: Acts 1947, c.341, s.1.

Ind. Code § 22-6-2-2 Definitions

Sec. 2. As used in this chapter: (a) The term "public utility employer" means an employer engaged in the business of rendering electric, gas, water, telephone, or transportation services to the public in this state. (b) The term "collective bargaining" means collective bargaining of or similar to the kind provided for by 29 U.S.C. 151 through 169 and as interpreted by decisions of the Supreme Court of the United States arising under 29 U.S.C. 151 through 169. Formerly: Acts 1947, c.341, s.2. As amended by P.L.144-1986, SEC.164.

Ind. Code § 22-6-2-3 Settlement of disputes; reasonable efforts

Sec. 3. It shall be the duty of public utility employers and their employees in public utility operations to exert every reasonable effort to settle such labor disputes by the making of agreements through collective bargaining between the parties, and by the maintaining thereof when made, and to prevent, if possible, the collective bargaining process from reaching a state of impasse and stalemate. Formerly: Acts 1947, c.341, s.3.

Ind. Code § 22-6-2-4 Conciliators; boards of arbitration; appointment

Sec. 4. Not later than April 13, 1947, the governor shall appoint: (a) a panel of ten (10) persons to serve as conciliators under the provisions of this chapter; and (b) a panel of thirty (30) persons to serve as members of the boards of arbitration provided for by this chapter. No person serving on the conciliator's panel shall at the same time serve on the board of arbitrators panel. Each person appointed to either of said panels shall be a resident of the state of Indiana possessing, in the judgment of the governor, the requisite experience and judgment to qualify such person capably and fairly to deal with labor dispute problems. All such appointments shall be made without consideration of the political affiliations of the appointee. Each such appointee shall take an oath to perform honestly and to the best of his ability the duties of conciliator or arbitrator, as the case may be. Any such appointee may be removed by the governor at any time or may resign his position at any time by notice in writing to the governor. Any vacancy in either of the panels shall be filled by the governor within thirty (30) days after such vacancy occurs. Such conciliators and arbitrators shall be paid no compensation for their services as such, except as provided in this chapter. Formerly: Acts 1947, c.341, s.4. As amended by P.L.144-1986, SEC.165.

Ind. Code § 22-6-2-5 Stalemates; conciliators; compensation

Sec. 5. If in any case of a labor dispute between a public utility employer and its employees the collective bargaining process reaches an impasse and stalemate, with the result that the employer and the employees are unable to effect a settlement thereof, then either party to the dispute may petition the governor to appoint a conciliator from the panel of conciliators provided for by section 4 of this chapter. Upon the filing of such petition, the governor shall consider the same, and if in his opinion the collective bargaining process, notwithstanding good faith efforts on the part of both sides to such dispute, has reached an impasse and stalemate and such dispute if not settled will cause or is likely to cause the interruption of the supply of a service on which the community so affected is so dependent that severe hardship would be inflicted on a substantial number of persons by a cessation of such service, the governor shall appoint a conciliator from the conciliators panel to attempt to effect the settlement of such dispute. Such conciliator shall be allowed reasonable compensation for his services and for his necessary expenses in an amount to be fixed by the governor, such compensation and expenses to be paid out of the general fund of the state of Indiana; and there is hereby appropriated out of the general fund sufficient moneys to meet such payments. Formerly: Acts 1947, c.341, s.5. As amended by P.L.144-1986, SEC.166.

Ind. Code § 22-6-2-6 Conciliators; hearings; strikes, slowdowns, or lockouts pending negotiations

Sec. 6. The conciliator so named shall expeditiously meet with the disputing parties and shall exert every reasonable effort to effect a prompt settlement of such dispute. From and after the filing of a petition with the governor as provided for in section 5 of this chapter, and unless the governor should determine that the failure to settle the dispute with respect to which such petition relates would not cause severe hardship to be inflicted on a substantial number of persons, there shall be no interruption of work and no strikes or slowdowns by the employees, and there shall be no lockout or other work stoppage by the employer, until such time as all procedure provided for by this chapter has been exhausted or during the effective period of any order issued by a board of arbitration under this chapter. Formerly: Acts 1947, c.341, s.6. As amended by P.L.144-1986, SEC.167.

Ind. Code § 22-6-2-7 Boards of arbitration; appointment; compensation and expenses

Sec. 7. If the conciliator so named is unable to effect a settlement of such dispute within a thirty (30) day period after his appointment, he shall report such fact to the governor, and the governor, if he believes that a continuation of the dispute will cause or is likely to cause the interruption of the supply of a service on which the community so affected is so dependent that severe hardship would be inflicted on a substantial number of persons by a cessation of such service, shall appoint a board of arbitration to hear and determine such dispute. The board of arbitration shall consist of three (3) members chosen by the governor from the board of arbitrators panel provided for in section 4 of this chapter. A new board shall be chosen by the governor for each separate dispute, but the same board may hear any number of issues or grievances which are involved at the same time in any dispute between the same employer and his employees. Members of such board of arbitration shall be allowed reasonable compensation for their services and for their necessary expenses in an amount to be fixed by the governor, and such compensation and expenses shall be shared equally by the parties to the dispute. Formerly: Acts 1947, c.341, s.7. As amended by P.L.144-1986, SEC.168.

Ind. Code § 22-6-2-8 Boards of arbitration; representatives of parties; advisory parties

Sec. 8. Each party to the dispute shall be entitled to designate one (1) representative to sit with the board of arbitrators, but such representatives shall sit in an advisory capacity only and without vote. Formerly: Acts 1947, c.341, s.8.

Ind. Code § 22-6-2-9 Boards of arbitration; hearings; evidence; right to counsel

Sec. 9. The board of arbitration shall promptly hold hearings and shall have the power to administer oaths and compel the attendance of witnesses and the furnishing by the parties of such information as may be necessary to a determination of the issue or issues in dispute. Both parties to the dispute shall have the opportunity to be present at the hearing, both personally and by counsel, and to present such oral and documentary evidence as the board shall deem relevant to the issue or issues in controversy. Formerly: Acts 1947, c.341, s.9.

Ind. Code § 22-6-2-10 Boards of arbitration; findings of fact; arbitrable issues

Sec. 10. It shall be the duty of the board to make written findings of fact, and to promulgate a written decision and order, upon the issue or issues presented in each case. In making such findings the board shall consider only, and be bound only, by the evidence submitted by the parties to the dispute. When a valid contract is in effect defining the rights, duties and liabilities of the parties with respect to any matter in dispute, the board shall have power only to determine the proper interpretation and application of the contract provisions which are involved. Where there is no contract between the parties, or where there is a contract but the parties have begun negotiations looking to a new contract or amendment of the existing contract, and wage rates or other conditions of employment under the proposed new or amended contract are in dispute, the board shall establish rates of pay and conditions of employment which are comparable to the prevalent wage rates paid and conditions of employment maintained for the same or similar work of workers exhibiting like or similar skills under the same or similar working conditions, by like public utility employers, if any, in the same labor market area, and if none, in adjoining labor market areas within the state of Indiana, and which in addition thereto bear a generally comparable relationship to wage rates paid and conditions of employment maintained by all other employers in the same labor market area. The board shall determine in each case, based upon the evidence presented and received by the board, what constitutes in that case "the same labor market area" or "adjoining labor market areas in the state of Indiana;" and where an employer has more than one (1) plant or office and some or all of such plurality of plants or offices are found by the board to be located in separate labor market areas, the board shall establish separate wage rates or schedules of wage rates, and separate conditions of employment, for all plants and offices in each such labor market area. In establishing wage rates the board shall take into consideration the overall compensation presently received by the employees, having regard not only to wages for time actually worked but also to wages for time not worked, including (without limiting the generality of the foregoing) vacations, holidays, and other excused time, and all benefits received, including insurance and pensions, and the continuity and stability of employment enjoyed by the employees. Formerly: Acts 1947, c.341, s.10.

Ind. Code § 22-6-2-11 Boards of arbitration; findings, decision, and order

Sec. 11. The board of arbitration shall hand down its findings, decision, and order (referred to in this section as its order) within sixty (60) days after its appointment; provided, however, that the governor may for good cause extend said period for not to exceed an additional sixty (60) days. If all three (3) members of the board do not agree, the order of the majority shall constitute the order of the board. The board shall furnish to each of the parties a copy of its order. A certified copy thereof shall be filed in the office of the clerk of the circuit court of the county wherein the dispute arose or in the office of the clerk of the circuit court of any county where the employer operates or maintains an office or place of business. Unless such order is reversed upon a petition for review filed pursuant to the provisions of section 12 of this chapter, such order, together with such agreements as the parties may themselves have reached, shall become binding upon and shall control the relationship between the parties from the date such order is filed with the clerk of the circuit court as aforesaid and shall continue effective for one (1) year from that date, but such order may be changed by mutual consent or agreement of the parties. No order of the board relating to wages or rates of pay shall be retroactive to a date before the date of the termination of any contract which may have existed between the parties, or, if there was no such contract, to a date before the day on which the governor appointed a conciliator in such dispute. Formerly: Acts 1947, c.341, s.11. As amended by P.L.144-1986, SEC.169.

Ind. Code § 22-6-2-12 Boards of arbitration; order; review; change of venue or judge

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; (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.

Ind. Code § 22-6-2-13 Strikes, work stoppages, slowdowns, or lockouts; violations

Sec. 13. (a) It is unlawful for any group of employees acting in concert to call a strike, to go out on strike, to cause any work stoppage or slowdown in violation of this chapter; it is unlawful for any employer to lock out his employees in violation of this chapter; and it is unlawful for any person to instigate, to induce, to conspire with, or to encourage any other person to engage in any strike, lockout, slowdown, or work stoppage in violation of this chapter. (b) A person who recklessly violates this chapter commits a Class B misdemeanor. Formerly: Acts 1947, c.341, s.13. As amended by Acts 1978, P.L.2, SEC.2228.

Ind. Code § 22-6-2-14 Injunctions

Sec. 14. Any person adversely affected by reason of any violation of the provisions of this chapter may file an action in the circuit court, superior court, or probate court of the county in which any such violation occurs to restrain and enjoin such violation and to compel the performance of the duties imposed by this chapter. In any such action the provisions of IC 22-6-1 shall not apply. Formerly: Acts 1947, c.341, s.14. As amended by P.L.144-1986, SEC.170; P.L.84-2016, SEC.96.

Ind. Code § 22-6-2-15 Involuntary servitude

Sec. 15. Nothing in this chapter shall be construed to require an individual employee to render labor or service without his consent, or to make illegal the quitting of his labor or service or the withdrawal from his place of employment unless done in concert or by agreement with others. No court shall have power to issue any process to compel an individual employee to render labor or service or to remain at his place of employment without his consent. It is the intent of this chapter only to forbid employees to leave their employment in concert or to cause a work slowdown or stoppage in concert and to forbid an employer to lock out his employees in any case where the resultant interruption of public service would cause severe hardship to a substantial number of persons. Formerly: Acts 1947, c.341, s.15. As amended by P.L.144-1986, SEC.171.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/22Fetched: 10/17/2026