| 273-C:9 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-C: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.
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.
IV. The bargaining unit or units in effect for
employees as of the effective date of this section shall be deemed
to be the bargaining unit or bargaining units determined by the
board. The exclusive representative of the bargaining unit or
bargaining units in effect on the effective date of this section
shall be deemed certified by the board.
Source. 1990, 214:1, eff. July 31, 1990.
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