Sec. 1. (a) The exclusive representative shall serve for school employees within certain groups referred to in this chapter as units or bargaining units. A bargaining unit may not contain both certificated and noncertificated employees. Subject to this limitation, the units for which an exclusive representative serves are determined in accordance with subsections (b) through (d).

     (b) The parties may agree on the appropriate unit. For this purpose, the parties consist of the school employer and a school employee organization representing at least twenty percent (20%) of the school employees in a proposed unit.

     (c) If the parties do not reach an agreement on the appropriate unit, or if a school employee in the proposed unit files a complaint about the unit with the board, the board shall determine the proper unit after a hearing. The board’s decision must be based on but not limited to the following considerations:

(1) Efficient administration of school operations.

(2) The existence of a community of interest among school employees.

(3) The effects on the school corporation and school employees of fragmentation of units.

(4) Recommendations of the parties involved.

     (d) In making a determination under subsection (c), the board shall give notice to all interested parties in accordance with the rules of the board. In giving notice under this subsection, the board is not required to follow IC 4-21.5.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-10(a).]

As added by P.L.1-2005, SEC.13.