ABSTRACT
Bargaining unit determination is an important step before certifying an exclusive bargaining agent and proceeding with labor–management collective bargaining. The Federal Labor Relations Authority at the federal level, the Public Employee Relations Boards at the state level, and the National Labor Relations Board (NLRB) in the private sector determine bargaining units. Unit determination influences bargaining success, the scope of negotiations, and strategic calculations of both management and labor officials. Three key issues deserve attention of policy makers, administrators, and union representatives: the size and composition of the bargaining unit, the criteria for unit determination, and the decision of whether to exclude supervisors from the bargaining unit. While employers often prefer larger bargaining units and employees favor smaller ones, there are pros and cons for both regarding unit size. Furthermore, the criteria and standards for bargaining unit composition are vague and subject to interpretation. The NLRB provides specific guidelines, but there is considerable variation among states regarding the criteria used in determining bargaining unit composition. A common criterion is “community of interest,” which indicates the importance of workforce solidarity. Nonetheless, contentious debate often occurs regarding the “appropriate” or “most appropriate” unit. Disputes are most evident when considering actual duties of employees who require their exclusion from the bargaining unit in order to avoid conflicts of interest. Substantial controversy surrounds the role of supervisors who often have dual responsibilities as a representative of management and an advocate for employees. Managers, confidential employees, personnel workers, and those involved in national security work are typically excluded.
