Division I - Bargaining Agents and Units — Revocation vote

to revoke the certificate of a bargaining agent under paragraph 51(1)(a); or to terminate the bargaining rights of the bargaining agent under paragraph 51(1)(b) is supported by not less than 40% of the employees in the unit to which the application relates, the board shall take a vote to determine the wishes of the employees in the unit.

Notwithstanding subsection (1), the board is not required to take a vote where the applicant, trade union and the employer in the unit to which the application relates jointly request that the board not take a vote.

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

A vote taken under this section shall be taken no more than 5 days, excluding holidays and weekends after receipt by the board of the application for revocation of certification.

Notwithstanding subsection (3), the board may in exceptional circumstances extend the time for the taking of the vote by the number of days which it considers appropriate.

Where a vote is taken under subsection (1), the board shall remove and destroy, without counting, the ballots cast by persons who are not employees in the unit to which the application relates.

The board may order costs with respect to a vote under this section against the appropriate person, where, in the opinion of the board, the application was frivolous or vexatious.

The board is bound by the outcome of a vote taken under this section except where the board determines that the procedure under this section has been influenced by intimidation, threat of dismissal or other kind of threat or coercion.