(A)   When a petition is filed by an employee organization seeking formal recognition as majority representative, the city shall request the State Conciliation Service to make the determination as to whether the unit is an appropriate unit. If for any reason, the State Conciliation Service is unable to provide such a service, the determination shall be made by a mutually agreeable third party. The principal criterion in making the determination is whether there is a community of interest among such employees. The following factors, among others, are to be considered in making such determination:
      (1)   Which unit will assure employees the fullest freedom in the exercise of rights set forth under this article;
      (2)   The history of employee relations:
         (a)   In the unit;
         (b)   Among other employees of the city; and
         (c)   In similar public employment.
      (3)   The effect of the unit on the efficient operation of the city and sound employer-employee relations;
      (4)   The extent to which employees have common skills, working conditions, job duties or similar educational requirements; and
      (5)   The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, that no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.
   (B)   In the establishment of appropriate units:
      (1)   Professional employees shall not be denied the right to be represented separately from nonprofessional employees; and
      (2)   Management and confidential employees who are included in the same unit with non- management or non-confidential employees may not represent such employees on matters within the scope of representation.
   (C)   The fees and expenses, if any, for the initial determination of appropriate units, upon the implementation of this article, shall be paid by the city. In any future determination, the petitioning employee organization shall pay the fees and expenses.
(`64 Code, Sec. 2-42.10) (Ord. No. 1433)