|
273-A:8 Determining Bargaining Unit.
I. The board or its designee shall determine the appropriate
bargaining unit and shall certify the exclusive representative
thereof when petitioned to do so under RSA 273-A:10. In making its
determination the board should take into consideration the principle
of community of interest. The community of interest may be exhibited
by one or more of the following criteria, although it is not limited
to such:
(a) Employees with the same conditions of employment;
(b) Employees with a history of workable and acceptable collective
negotiations;
(c) Employees in the same historic craft or profession;
(d) Employees functioning within the same organizational unit.
A public employer may recognize a
bargaining unit with 3-10 members, but
in no case shall the board certify a
bargaining unit of fewer than 10 employees with the same community
of interest without the prior approval of the governing body of the
public employer. For purposes of this section, probationary
employees shall be counted to satisfy the employee minimum number
requirement. In no case shall such probationary employees vote in
any election conducted under the provisions of this chapter to
certify an employee organization as the exclusive representative of
a bargaining unit.
II. The board may certify a
bargaining unit composed of professional and non-professional
employees only if both the professional and non-professional
employees, voting separately, vote to join the proposed bargaining
unit. Persons exercising supervisory authority involving the
significant exercise of discretion may not belong to the same
bargaining unit as the employees they supervise.
III. In the event the bargaining unit is determined by the board's
designee, the decision may be appealed to the board for final
determination.
Source.
1975, 490:2. 1983, 270:2, eff. Aug. 17, 1983. 2008, 137:1, eff.
Aug. 5, 2008.
|
