Application for certification

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36.(1) A trade union claiming to have as members in good standing a majority of employees of I or more employers in a unit may, subject to the rules of the board and in accordance with this section, make application to the board lo be certified as bargaining agent of that unit.
 

(2) Where a collective agreement is not in force and a bargaining agent has not been certified under this Act for the unit, the application may be made at any time.
 

(3) Where a bargaining agent has been certified under this Act for the unit but a collective agreement is not in force or collective bargaining has not started, the application may not be made before the expiry of 12 months from the date of certification of the bargaining agent except with the consent of the board.
 

(4) Where a collective agreement is in force an application for certification may be made

(a) where the collective agreement is for a term of 2 years or less in than2 months before the end of the term of the collective agreement; or

(b) where the collective agreement is for n term of more than 2 years

(i) in the 11th or 12th month of the 2nd or subsequent year of the term. Or

(ii) in the 2 months before the end of the term.

 

Certification of bargaining agent

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38. (I) Where a trade union makes application for certification under this Act as a bargaining agent of employees of a unit, the board shall determine whether the unit in respect of which the application is made 1s appropriate for collective bargaining and the board may, before certification, where it considers it appropriate to do so, include additional employees in, or exclude employees from, the unit, and shall take those steps that it considers desirable to determine the wishes of the employees in the unit as to the selection of a bargaining agent to act on their behalf.

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(2) Where as a results of an application for certification under this Act by a trade union, the board has determined that a unit of employees is appropriate for collective bargaining,

 

• where the board is satisfied that the majority of the employees in the unit are members in good standing of the trade union; or

• where, as a result of a vote of the employees in the unit, the board is satisfied that majority of them have selected the trade union to be a bargaining agent on their behalf; or

• where, as a result of a vote of the employees in the unit, the board is satisfied that at least 70% of the employees in the unit have voted and a majority of those voting have selected the trade union to be a bargaining agent on their behalf.

the board may certify the trade union as the bargaining agent of the employees in the unit

 

Taking of votes and ballot

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47. ( l) Where an application for certification is supported by not less than 40% of the employees in the unit to which the application relates, the board shall take a vote of the employees m the unit to determine their wishes with respect lo the certification of the applicant trade union as their bargaining agent.

(2) Notwithstanding subsection (I), the board is not required to take a vote where the trade union and the employer in the unit to which the application relates jointly request that the board not take a vote. the board may certify the trade union as the bargaining agent of the employees in the unit

(3) A vote taken as required by this section shall be taken at the time and place, or by mail, as the board determines.