Division II - Collective Agreements — Where business transferred

the employer or the purchaser, lessee, transferee or person otherwise acquiring the business is a party to or is bound by a collective agreement with a bargaining agent on behalf of employees affected by the sale, lease, transfer, disposition by other means or contract; modify or rescind to the extent that the board considers necessary or appropriate a collective agreement;

1 or more bargaining agents have been certified as bargaining agent for the employees; amend or revoke a certification or amend an application for certification;

1 or more trade unions or a council of trade unions has applied to be certified as bargaining agent for the employees; or modify or restrict the operation of a notice or entitlement to give notice;

1 or more bargaining agents have given or are entitled to give notice under either section 72 or section 73 with respect to the employees, then, unless the board otherwise directs, the collective agreement, certification, application, notice or entitlement to give notice continues in force and is binding upon the purchaser, lessee, trustee or a person otherwise acquiring the business. determine whether employees affected constitute 1 or more appropriate bargaining units;

An employer, purchaser, lessee, transferee or a bargaining agent, trade union or council of trade unions or other person referred to in subsection (1) may apply to the board for the resolution of a question or problem that as a result of the sale, lease, transfer or disposition has arisen or may arise with respect to a collective agreement, certification, application notice or entitlement to give notice.

Where an application is made under subsection (2), the board shall, by order, make whatever award, give whatever direction, or take other action that in its discretion the board considers appropriate, to resolve a relevant question or problem, and in particular may in that or a later order

where more than 1 collective agreement is to continue in force, designate the employees that are to be covered by each agreement;

modify or restrict the operation or effect of a provision of a collective agreement and define the rights with respect to the agreement of employees affected by the sale, lease, transfer or disposition by other means;

declare which trade union or council of trade unions shall be the bargaining agent for the employees; and

interpret a provision of a collective agreement.

Notwithstanding anything to the contrary in this Act, a purchaser, lessee or transferee shall not be required to bargain with a bargaining agent with respect to employees to whom an application made under subsection (2) relates, until the board has disposed of that application.

Where an application is made under subsection (2), the board may make an examination of records or other inquiries, and may hold hearings and take representation votes, that it considers necessary and prescribe the nature of evidence to be provided to the board.

Where, as a result of an application to the board under subsection (2), it is alleged that a sale, lease, transfer or other disposition of a business or the operations of a business, or a part of either of them has occurred, an employer, a purchaser, lessee or transferee shall, when ordered to do so by the board, adduce all facts within his or her knowledge that are material to the allegation.