§979-E. Bargaining unit; how determined








1. 
 
In the event of a dispute between the public employer and an employee or employees
as to the appropriateness of a unit for purposes of collective bargaining or between
the public employer and an employee or employees as to whether a supervisory or other
position is included in the bargaining unit, the executive director or his designee
shall make the determination, except that anyone excepted from the definition of state
employee under section 979-A may not be included in a bargaining unit. The executive
director or his designee conducting unit determination proceedings shall have the
power to administer oaths and to require by subpoena the attendance and testimony
of witnesses, the production of books, records and other evidence relative or pertinent
to the issues represented to them. In determining whether a supervisory position should
be excluded from the proposed bargaining unit, the executive director or his designee
shall consider, among other criteria, if the principal functions of the position are
characterized by performing such management control duties as scheduling, assigning,
overseeing and reviewing the work of subordinate employees, or performing such duties
as are distinct and dissimilar from those performed by the employees supervised, or
exercising judgment in adjusting grievances, applying other established personnel
policies and procedures and in enforcing a collective bargaining agreement or establishing
or participating in the establishment of performance standards for subordinate employees
and taking corrective measures to implement those standards.


[
1975, c. 697, §8 (AMD)
.]








2. 
 
In order to insure to employees the fullest freedom in exercising the rights guaranteed
by this chapter, to insure a clear and identifiable community of interest among employees
concerned, and to avoid excessive fragmentation among bargaining units in State Government,
the executive director of the board or his designee shall decide in each case the
unit appropriate for purposes of collective bargaining.


[
1975, c. 612, §1 (AMD)
.]








3. Unit clarification. 
Where there is a certified or currently recognized bargaining representative and
where the circumstances surrounding the formation of an existing bargaining unit are
alleged to have changed sufficiently to warrant modification in the composition of
that bargaining unit, any public employer or any recognized or certified bargaining
agent may file a petition for a unit clarification, provided that the parties are
unable to agree on appropriate modifications and there is no question concerning representation.


[
1975, c. 697, §9 (NEW)
.]





SECTION HISTORY

1973, c. 774, (NEW).
1975, c. 612, §1 (AMD).
1975, c. 697, §§8,9 (AMD).