Cited by

*602 “[A] union breaches the duty of fair representation when its conduct toward a member of the bargaining unit is arbitrary, discriminatory, or in bad faith.” Marquez v. Screen Actors, 525 U.S. 33, 44 (1998); see O’Brien, 106 N.H. at 256-57 (relying upon federal law when discussing breach of duty of fair representation); cf. University System v. State, 117 N.H. 96, 99 (1977) (suggesting that newly created PELRB look to decisions of the National'Labor Relations Board (NLRB) for guidance).

240, 244 (2007); see University System v. State, 117 N.H. 96, 99 (1977) (suggesting that newly created PELRB look to decisions of the National Labor Relations Board for guidance).

University System v. State, 117 N.H. 96, 99 (1977) (urging newly created PELRB to look for guidance to NLRB decisions).

“If the PELRB’s decision represents a reasonable interpretation of RSA 273-A:8[], and a reasonable application of that statute to the facts of the case, and if it is supported by evidence in the record, we will uphold it.” Appeal of the Bow School District, 134 N.H. 64, 67-68, 588 A.2d 366, 368-69 (1991) (citing University System v. State, 117 N.H. 96, 100-01, 369 A.2d 1139, 1141 (1977)).

If the PELRB’s decision represents a reasonable interpretation of RSA 273-A:8, I, and a reasonable application of that statute to the facts of the case, and if it is *68 supported by evidence in the record, we will uphold it.

Accordingly, “[t]he principal consideration in determining an appropriate bargaining unit is whether there exists a community of interest ‘in working conditions such that it is reasonable for the employees to negotiate jointly.’” Appeal of the University System of N.H., 120 N.H. 853, 855, 424 A.2d 194, 196 (1980) (quoting University System v. State, 117 N.H. 96, 100, 369 *372 A.2d 1139, 1140 (1977)).

Ass’n v. State, 119 N.H. at 3, 396 A.2d at 1101; University System v. State, 117 N.H. 96, 99, 369 A.2d 1139, 1140 (1977).

The principal consideration in determining an appropriate bargaining unit is whether there exists a community of interest “in working conditions such that it is reasonable for the employees to negotiate jointly.” University System v. State, 117 N.H. 96, 99-100, 369 A.2d 1139, 1140 (1977).

Ass’n v. State, supra at 3, 396 A.2d at 1101; University System v. State, 117 N.H. 96, 99, 369 A.2d 1139, 1140 (1977).

Ass’n v. State, 119 N.H. 1, 3, 396 A.2d 1099, 1101 (1979); University System v. State, 117 N.H. 96, 99, 369 A.2d 1139, 1140 (1977).

The faculty units established by the PELRB in 1976 were challenged before this court by both the association and the system in University System v. State, 117 N.H. 96, 369 A.2d 1139 (1977).

RSA 273-A:l IX(c); see N.H. Dep’t of Revenue Admin, v. PELRB, 117 N.H. 976, 380 A.2d 1085 (1977); Univ.

Our previous decision in this dispute reviewed the PELRB’s determination that the full-time faculty at Keene State College constituted a bargaining unit under RSA 273-A:8.

Furthermore, as the SEA argues, we implicitly recognized the board’s authority to define “supervisor” in University System v. State, 117 N.H. 96, 369 A.2d 1139 (1977).