1. (1) The director shall, upon receipt of a petition for a representation election, designate the appropriate bargaining unit for collective bargaining in accordance with this section. The designation must be determined by:

   1. (a) Consent of the parties; or
   2. (b) If there is not agreement between the parties, an administrative determination of the director.

2. (2) In determining the appropriateness of a bargaining unit, the director shall consider:

   1. (a) The desires of the public employees;
   2. (b) The similarity of duties, skills, and working conditions of the public employees involved;
   3. (c) The wages, hours, and other working conditions of the public employees;
   4. (d) The administrative structure and size of the public employer;
   5. (e) The history of collective bargaining with that public employer, if any, and with similar public employers; and
   6. (f) Other factors that are normally or traditionally taken into consideration in determining the appropriateness of bargaining units in the public sector.

Source: L. 2022: Entire article added, (SB 22-230), ch. 260, p. 1912, § 2, effective July 1, 2023.