Section 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.