Alaska Statutes
Alaska Stat. § 23.40.090 (2026)
Collective bargaining unit
✓ current as of July 2026
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Sec. 23.40.090. Collective bargaining unit.
The labor relations agency shall decide in each case, in order to assure to employees the fullest freedom in exercising the rights guaranteed by AS 23.40.070 — 23.40.260, the unit appropriate for the purposes of collective bargaining, based on such factors as community of interest, wages, hours, and other working conditions of the employees involved, the history of collective bargaining, and the desires of the employees. Bargaining units shall be as large as is reasonable, and unnecessary fragmenting shall be avoided.
The labor relations agency shall decide in each case, in order to assure to employees the fullest freedom in exercising the rights guaranteed by AS 23.40.070 — 23.40.260, the unit appropriate for the purposes of collective bargaining, based on such factors as community of interest, wages, hours, and other working conditions of the employees involved, the history of collective bargaining, and the desires of the employees. Bargaining units shall be as large as is reasonable, and unnecessary fragmenting shall be avoided.
Notes of Decisions
Cited in 4
cases, 1982–1999 · leading case: State v. Alaska State Employees Ass'n/AFSCME Local 52, 923 P.2d 18 (Alaska 1996).
State v. Alaska State Employees Ass'n/AFSCME Local 52, 923 P.2d 18 (Alaska 1996). “In this ease, the Agency was required to analyze the successor employer doctrine and determine the appropriate bargaining unit under AS 23.40.090 of PERA. As both of these endeavors require agency expertise, we apply the rational basis standard of review.”
Alaska State Employees Ass'n/AFSCME Local 52 v. State, 990 P.2d 14 (Alaska 1999). “The community of interest that State supervisors share and the potential conflict of interest with non-supervisory employees justify a separate unit for supervisors under AS 23.40.090. On June 30, 1995, the State filed unit clarification petitions with the ALRA regarding Kellie…”
City & Borough of Sitka v. Int'l Bhd. of Elec. Workers, Local Union 1547, 653 P.2d 332 (Alaska 1982). “05, the problems typically associated with the excessive fragmentation of the workforce into separate bargaining units are not as substantial in the present case as they might otherwise be.”
McGrath v. Univ. of Alaska, 813 P.2d 1370 (Alaska 1991). “AS 23.40.090; AS 23.40.170. Neither of these agencies are enumerated under the APA.”
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