2.40.100   Appropriate unit.
   A.   The municipal employee relations officer, after reviewing the petition filed by an employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this 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 rights set forth under this chapter;
   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;
   5.   The effect on the existing classification structure of dividing a single classification among two or more units.
   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 nonmanagement or nonconfidential employees may not represent such employees on matters within the scope of representation. (Prior code § 1310)