Section 180-11-22 - Criteria for Appropriate Bargaining Units In determining whether a particular position should be included in a unit or whether a proposed unit is appropriate, the hearing examiner is required to apply the specific provisions in the Act governing the employees in question.
1.Excluded Employees. Persons who are excluded from the definition of employee under the applicable Act, 26 M.R.S.A. §962(6), §979- A(6), §1022(11) or §1282(5), may not be included in a bargaining unit.2.Units Established by Statute. Bargaining units at the University of Maine System, the Maine Maritime Academy and the Maine Community College System must conform to the units established in 26 M.R.S.A. §1024-A to the extent required by that section.3.Community of Interest. In determining whether a community of interest among employees exists, the hearing examiner shall, at a minimum, consider the following factors: A. Similarity in the kind of work performed; B. Common supervision and determination of labor relations policy; C. Similarity in the scale and manner of determining earnings; D. Similarity in employment benefits, hours of work and other terms and conditions of employment; E. Similarity in the qualifications, skills and training of employees; F. Frequency of contact or interchange among the employees; H. History of collective bargaining; I. Desires of the affected employees; J. Extent of union organization; and K. The employer's organizational structure.12- 180 C.M.R. ch. 11, § 22