29 (1) Where no employee organization is certified as bargaining agent of the members of a bargaining unit and the members of the unit are not bound by a collective agreement, an employee organization may apply at any time to the Ontario Labour Relations Board for certification as bargaining agent of the members of the unit.  2008, c. 15, s. 29 (1). Certified bargaining agent, no collective agreement (2) Where an employee organization is certified as bargaining agent of the members of a bargaining unit and has not entered into a collective agreement with the Council with respect to the bargaining unit and no declaration has been made by the Ontario Labour Relations Board that the employee organization ceases to represent the members of the bargaining unit, another employee organization may apply to the Board for certification as bargaining agent of the members of the bargaining unit only after the expiration of one year from the date of the certificate.  2008, c. 15, s. 29 (2). Voluntary recognition, no collective agreement (3) Where the Council and an employee organization agree that the Council recognizes the employee organization as the exclusive bargaining agent of the members of a bargaining unit and the agreement is in writing signed by the parties and the parties have not entered into a collective agreement and the Ontario Labour Relations Board has not made a declaration under section 47, another employee organization may apply to the Board for certification as bargaining agent of the members of the bargaining unit only after the expiration of one year from the date that the recognition agreement was entered into.  2008, c. 15, s. 29 (3). Collective agreement, term three years or less (4) Where a collective agreement is for a term of not more than three years, an employee organization may apply to the Ontario Labour Relations Board for certification as bargaining agent of the members of the bargaining unit to which the collective agreement applies only after the commencement of the last three months of its operation.  2008, c. 15, s. 29 (4). Collective agreement, term more than three years (5) Where a collective agreement is for a term of more than three years, an employee organization may apply to the Ontario Labour Relations Board for certification as bargaining agent of the members of the bargaining unit only after the commencement of the 34th month of its operation and before the commencement of the 37th month of its operation and during the three-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last three months of its operation, as the case may be.  2008, c. 15, s. 29 (5). Collective agreement provides for continued operation (6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, an employee organization may apply to the Ontario Labour Relations Board for certification as bargaining agent of the members of the bargaining unit to which the collective agreement applies during the further term or successive terms only during the last three months of each year that it so continues to operate, or after the commencement of the last three months of its operation, as the case may be.  2008, c. 15, s. 29 (6). Restriction (7) The right of an employee organization to apply for certification under this section is subject to subsections 32 (3) and 34 (6) and section 48.  2008, c. 15, s. 29 (7). Withdrawal of application (8) An application for certification may be withdrawn by the applicant on such conditions as the Board may determine.  2008, c. 15, s. 29 (8). Bar to reapplying (9) Subject to subsection (10), if an employee organization withdraws the application before a representation vote is taken, the Board may refuse to consider another application for certification by the employee organization as the bargaining agent of the members of that bargaining unit until one year or such shorter period as the Board considers appropriate has elapsed after the application is withdrawn.  2008, c. 15, s. 29 (9). Mandatory bar (10) If the employee organization withdraws the application before a representation vote is taken, and that employee organization had withdrawn a previous application under this section not more than six months earlier, the Board shall not consider another application for certification by any employee organization as the bargaining agent of any member of the bargaining unit that was the subject of the original application until one year has elapsed after the second application was withdrawn.  2008, c. 15, s. 29 (10). Exception (11) Subsection (10) does not apply if the employee organization that withdrew the application is an employee organization that the Board is prohibited from certifying under section 35.  2008, c. 15, s. 29 (11). Same (12) Despite subsection (10), the Board may consider an application for certification by an employee organization as the bargaining agent for members of a bargaining unit that includes a member who was in the bargaining unit that was the subject of the original application if, (a) the position of the member at the time the original application was made was different from his or her position at the time the new application was made; and (b) the member would not have been in the bargaining unit that is the subject of the new application had he or she still been occupying the original position when the new application was made.  2008, c. 15, s. 29 (12). Same (13) If an employee organization withdraws the application after the representation vote is taken, the Board shall not consider another application for certification by any employee organization as the bargaining agent of any member of the bargaining unit that was the subject of the original application until one year after the original application is withdrawn.  2008, c. 15, s. 29 (13). Exception (14) Subsection (13) does not apply if the employee organization that withdrew the application is an employee organization that the Board is prohibited from certifying under section 35.  2008, c. 15, s. 29 (14). Same (15) Despite subsection (13), the Board may consider an application for certification by an employee organization as the bargaining agent for members of a bargaining unit that includes a member who was in the bargaining unit that was the subject of the original application if, (a) the position of the member at the time the original application was made was different from his or her position at the time the new application was made; and (b) the member would not have been in the bargaining unit that is the subject of the new application had he or she still been occupying the original position when the new application was made.  2008, c. 15, s. 29 (15). Notice to Council (16) The employee organization shall deliver a copy of the application for certification to the Council by the time required under the rules made by the Ontario Labour Relations Board and, if there is no rule, not later than the day on which the application is filed with the Board.  2008, c. 15, s. 29 (16). Evidence (17) The application for certification shall, (a) include an estimate of the number of individuals in the bargaining unit; and (b) be accompanied by a list of the names of the members of the employee organization who are in the bargaining unit, with evidence of their status as members of the employee organization.  2008, c. 15, s. 29 (17). Names not to be given to Council, etc. (18) The employee organization shall not give the information referred to in clause (17) (b) to the Council or the employer.  2008, c. 15, s. 29 (18).