1. 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-A: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:

   1. (a) Employees with the same conditions of employment;
   2. (b) Employees with a history of workable and acceptable collective negotiations;
   3. (c) Employees in the same historic craft or profession;

   4. (d) Employees functioning within the same organizational unit.

      In no case shall the board certify a bargaining unit of fewer than 10 employees with the same community of interest. For purposes of this section, probationary employees shall be counted to satisfy the employee minimum number requirement. In no case shall such probationary employees vote in any election conducted under the provisions of this chapter to certify an employee organization as the exclusive representative of a bargaining unit.

2. 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.
3. 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.

Source. 1975, 490:2. 1983, 270:2. 2008, 137:1, eff. Aug. 5, 2008. 2011, 45:1, eff. July 8, 2011.