8-3.3-110. Determination of appropriate bargaining unit

8-3.3-110. Determination of appropriate bargaining unit. (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:

(a) Consent of the parties; or

(b) If there is not agreement between the parties, an administrative determination of the director.

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

(a) The desires of the public employees;

(b) The similarity of duties, skills, and working conditions of the public employees involved;

(c) The wages, hours, and other working conditions of the public employees;

(d) The administrative structure and size of the public employer;

(e) The history of collective bargaining with that public employer, if any, and with similar public employers; and

(f) Other factors that are normally or traditionally taken into consideration in determining the appropriateness of bargaining units in the public sector.