1. (1) The board shall determine whether a bargaining unit is appropriate by determining whether the employees share a community of interest. A community of interest is determined by considering the following factors:

   1. (a) wages;
   2. (b) hours;
   3. (c) fringe benefits and other working conditions;
   4. (d) the history of collective bargaining;
   5. (e) common supervision;
   6. (f) common personnel policies;
   7. (g) extent of integration of work functions and interchange among employees affected; and
   8. (h) desires of the employees.

2. (2) The board shall consider the following factors in addition to those listed in (1) when considering a proposed bargaining unit for nurses working at a health care facility, as defined in 39-32-102, MCA:

   1. (a) similarity of duties;
   2. (b) licensure; and
   3. (c) conditions of employment.

Authorizing statute(s): 39-31-104, 39-32-103, MCA

Implementing statute(s): 39-31-202, 39-32-102, 39-32-106, 39-32-113, MCA

History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.