Division I - Bargaining Agents and Units — Certification of a group of employees
39
Where application is made for certification of a unit of employees that is a subgroup of an existing unit, the board has no power to find the subgroup appropriate unless
39(a)
the subgroup meets the standards of appropriateness that the board normally applies;
39(b)
the applicant for certification has established a clear basis for mutuality in the subgroup distinct from the group as a whole;
39(c)
the residual part of the existing unit would itself make an appropriate unit; and
39(d)
the employees in the proposed unit, in a vote by secret ballot conducted by the board, in which they expressed their preference for the subgroup or the larger existing unit, have favoured the subgroup by a 2/3 majority of those entitled to vote.
Not legal advice. Verify the cited article against the signed agreement.