Division I - Bargaining Agents and Units — Application for certification
36
(1) A trade union claiming to have as members in good standing a majority of employees of 1 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 to be certified as bargaining agent of that unit.
36(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.
36(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.
36(4)
Where a collective agreement is in force an application for certification may be made
36(a)
where the collective agreement is for a term of 2 years or less in the 2 months before the end of the term of the collective agreement; or
36(b)
where the collective agreement is for a term of more than 2 years
36(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.
36(5)
Two or more trade unions claiming to have as members in good standing of the unions a majority of employees in a unit that is appropriate for collective bargaining may join in an application under this section and the provisions of this Act relating to an application by 1 union and all matters or things arising from them apply in respect of an application by the unions as if it were an application by 1 union.
36(6)
Where 2 or more trade unions have formed a council of trade unions, the council so formed may apply to the board for certification as a bargaining agent for a unit in the same manner as a trade union.
Not legal advice. Verify the cited article against the signed agreement.