Subd. 1. The President or his/her designee shall, in a timely manner, send to the designated local association representative or his/her designee, the position description, organization chart, and other supporting documentation for all new classified and unclassified supervisory and professional positions which have not been assigned to an existing bargaining unit or which are proposed for assignment to a different bargaining unit. This includes positions to be placed in excluded management and confidential units. If the local association representative requests a meeting with the university Administration within 10 working days of mailing or delivery of the data, a meeting shall be held within 10 working days, unless another date is mutually agreed to.

Subd. 2. If the parties cannot agree to the appropriate unit for the position, the President shall make an initial determination as to unit placement and shall submit it to the Chancellor or his/her designee. The Chancellor or his/her designee shall notify the Association's President or his/her designee and shall arrange a meeting if desired.

Subd. 3. If the parties are unable to agree as to unit placement of the position, the Chancellor or his/her designee shall make a determination as to unit placement of the position and shall send the position request for temporary assignment to the Minnesota Department of Employee Relations for submittal to the Minnesota Bureau of Mediation Services.

Subd. 4. Managerial and confidential positions upon which the parties have agreed or not raised objections shall be placed in those units. Non-managerial, or non-confidential positions upon which the parties have agreed or not raised objections shall be assigned to the agreed upon unit, and the Chancellor or his/her designees shall send such positions to the Minnesota Department of Employee Relations for submittal to the Minnesota Bureau of Mediation Services.

Subd. 5. Positions which have gone through the process contained in the Subdivisions 1-3 above, and which remain in dispute, may be challenged by the Association filing the proper petition with the Minnesota Bureau of Mediation Services.

Subd. 6. The parties may agree to hold informal discussions with the Minnesota Bureau of Mediation Services concerning the appropriate assignment of any position in dispute. In such cases, the Minnesota Bureau of Mediation Services will be asked to issue an advisory opinion which the parties may use in the form of guidance, but which shall not be binding on any of the parties.

Subd. 7. The Unit Determination Criteria as agreed to by the parties involved and issued by the Minnesota Bureau of Mediation Services are contained in Appendix F to this Agreement.

Subd. 8. This section shall be non-grievable and non-arbitrable except for failure to provide the data noted in Subdivision 1 above.