§89-6 Appropriate bargaining units. (a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:
(b) Because of the nature of work involved and the essentiality of certain occupations that require specialized training, supervisory employees who are eligible for inclusion in units (9) through (15) shall be included in units (9) through (15), respectively, instead of unit (2) or (4).
(c) The classification systems of each jurisdiction shall be the bases for differentiating blue collar from white collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination. The nature of the work, including whether a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall be considered also.
(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:
Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In that case, the simple majority shall include at least one county.
(e) In addition to a collective bargaining agreement under subsection (d), each employer may negotiate, independently of one another, supplemental agreements that apply to their respective employees; provided that any supplemental agreement reached between the employer and the exclusive representative shall not extend beyond the term of the applicable collective bargaining agreement and shall not require ratification by employees in the bargaining unit.
(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:
(g) Where any controversy arises under this section, the board shall, pursuant to chapter 91, make an investigation and, after a hearing upon due notice, make a final determination on the applicability of this section to specific individuals, employees, or positions. [L 1970, c 171, pt of §2; am L 1973, c 36, §1; am L 1975, c 162, §1; am L 1976, c 13, §1; am L 1977, c 191, §1; am L 1987, c 184, §1 and c 311, §1; am L 1988, c 394, §1 and c 399, §2; gen ch 1993; am L 1996, c 89, §5; am L 2000, c 253, §96; am L 2002, c 65, §4; am L 2005, c 202, §3 and c 245, §§5, 8; am L 2006, c 38, §32 and c 298, §§7, 25; am L 2007, c 115, §§3, 16 and c 294, §2; am L 2008, c 16, §18; am L Sp 2008, c 5, §1; am L 2010, c 106, §2; am L 2012, c 130, §5; am L 2013, c 137, §2; am L 2020, c 31, §1]