Minnesota Statutes Labor, Industry (Ch. 175-189) § 179A.09. Unit determination

Subdivision 1. Criteria. In determining the appropriate unit, the commissioner shall consider the principles and the coverage of uniform comprehensive position classification and compensation plans of the employees, professions and skilled crafts, and other occupational classifications, relevant administrative and supervisory levels of authority, geographical location, history, extent of organization, the recommendation of the parties, and other relevant factors. The commissioner shall place particular importance upon the history and extent of organization, and the desires of the petitioning employee representatives.

Subd. 2. Prohibitions. The commissioner shall not designate an appropriate unit which includes essential employees with other employees.

Subd. 3. Dividing units. If a designated appropriate unit contains both peace officers subject to licensure undersections 626.84to626.863and essential employees who are not peace officers, the commissioner, at the request of a majority of either the peace officers or the other essential employees within the unit, shall divide the unit into two separate appropriate units, one for the peace officers and one for the other essential employees.

Subd. 4. Unit mergers. At any time upon the request of an exclusive representative for bargaining units other than those defined insection 179A.10, subdivision 2, the commissioner must designate as a single unit two or more bargaining units represented by the exclusive representative, subject to subdivision 2 as well as any other statutory bargaining unit designation.

Subd. 5. Position classifications. For the purpose of determining whether a new position should be included in an existing bargaining unit, the position shall be analyzed with respect to its assigned duties, without regard to title or telework status.