§1286. Bargaining unit; how determined








1. Unit determination. 
In the event of a dispute between the public employer and an employee or employees
over the appropriateness of a unit for purposes of collective bargaining or between
the public employer and an employee or employees over 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 judicial
employee under section 1282 may not be included in a bargaining unit. The executive
director or his designee conducting unit determination proceedings may administer
oaths and 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.


[
1983, c. 702, (NEW)
.]








2. Criteria. 
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.


[
1983, c. 702, (NEW)
.]








3. Determination of unit appropriateness. 
In determining the unit appropriate for purposes of collective bargaining, the executive
director or his designee shall seek 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.


[
1983, c. 702, (NEW)
.]








4. Unit clarification. 
When there is a certified or currently recognized bargaining representative and
when 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, the public employer or any recognized or certified bargaining
agent may file with the executive director a petition for a unit clarification, provided
that the parties are unable to agree on appropriate modifications and there is no
question concerning representation.


[
1983, c. 702, (NEW)
.]





SECTION HISTORY

1983, c. 702, (NEW).