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.)
Last modified: May 27, 2006