26 §1326. Bargaining unit; how determined
Title 26: LABOR AND INDUSTRY
Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT HEADING: PL 1997, C. 472, §1 (NEW)
§1326. Bargaining unit; how determined
1. Unit determination. If there is a dispute between the agricultural employer and an employee or employees over the appropriateness of a bargaining unit for purposes of collective bargaining or between the agricultural employer and an employee or employees over whether a supervisory or other position is included in the bargaining unit, the executive director or the executive director's designee shall make the determination, except that anyone excepted from the definition of agricultural employee under section 1322 may not be included in a bargaining unit. The executive director or the executive director's designee conducting bargaining unit determination proceedings may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relative or pertinent to the issues represented.
[ 1997, c. 472, §1 (NEW) .]
2. Criteria. In determining whether a supervisory position should be excluded from the proposed bargaining unit, the executive director or the executive director's designee shall consider, among other criteria, if the principal functions of the position are characterized by performing management control duties such as scheduling, assigning, overseeing and reviewing the work of subordinate employees or performing duties that 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 enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for employees and taking corrective measures to implement those standards.
[ 1997, c. 472, §1 (NEW) .]
3. Determination of bargaining unit appropriateness. In determining the bargaining unit that is appropriate for purposes of collective bargaining, the executive director or the executive director's designee shall ensure that employees have the fullest freedom in exercising the rights guaranteed by this chapter and ensure a clear and identifiable community of interest among employees, and avoid excessive fragmentation among bargaining units.
[ 1997, c. 472, §1 (NEW) .]
4. Bargaining unit clarification. If there is a certified or currently recognized bargaining agent and 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 agricultural employer or any recognized or certified bargaining agent may file with the executive director a petition for a unit clarification, when the parties are unable to agree on appropriate modifications and there is no question concerning representation.
[ 1997, c. 472, §1 (NEW) .]
SECTION HISTORY
1997, c. 472, §1 (NEW).