(1) The board shall direct an investigation of all questions and facts concerning the proposed unit, and shall have the following options:

(a) to direct a unit determination hearing after the time for intervening has passed; or

(b) to dispense with a unit determination hearing under the following conditions:

(i) the employer has not filed a counter petition;

(ii) no intervenors contest the petitioner's proposed unit; or

(iii) the parties have entered into a consent election agreement.

(2) The excelsior list must be provided to the petitioner within 10 days of the posting of notice of the unit determination proceedings.

(3) The parties may waive a hearing and enter into a consent election agreement after the time to intervene has past. Such agreement shall be drafted by the board's election judge and must include a description of the unit and the time and place of the election. The bargaining unit set out in the consent agreement shall be deemed an appropriate bargaining unit when it is signed by the parties and approved by the election judge.

(4) After a hearing, the board shall issue its determination of the appropriate unity. If a unit petitioned for is found not to be appropriate, the findings and conclusions shall give specific reasons therefor. If the unit is found to be appropriate, the board shall schedule the election and a pre-election conference at which time challenges for individual inclusions and exclusions shall be made by either party.