7 (1) Where no trade union has been certified as bargaining agent of the employees of an employer in a unit that a trade union claims to be appropriate for collective bargaining and the employees in the unit are not bound by a collective agreement, a trade union may apply at any time to the Board for certification as bargaining agent of the employees in the unit.  1995, c. 1, Sched. A, s. 7 (1). Same (2) Where a trade union has been certified as bargaining agent of the employees of an employer in a bargaining unit and has not entered into a collective agreement with the employer and no declaration has been made by the Board that the trade union no longer represents the employees in the bargaining unit, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit determined in the certificate only after the expiration of one year from the date of the certificate.  1995, c. 1, Sched. A, s. 7 (2). Same (3) Where an employer and a trade union agree that the employer recognizes the trade union as the exclusive bargaining agent of the employees in a defined bargaining unit and the agreement is in writing signed by the parties and the parties have not entered into a collective agreement and the Board has not made a declaration under section 66, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the recognition agreement only after the expiration of one year from the date that the recognition agreement was entered into.  1995, c. 1, Sched. A, s. 7 (3). Same (4) Where a collective agreement is for a term of not more than three years, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last three months of its operation.  1995, c. 1, Sched. A, s. 7 (4); 2000, c. 38, s. 2 (1). Same (5) Where a collective agreement is for a term of more than three years, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement 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.  2000, c. 38, s. 2 (2). Same (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, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement 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.  1995, c. 1, Sched. A, s. 7 (6); 2000, c. 38, s. 2 (3). Restriction (7) The right of a trade union to apply for certification under this section is subject to subsections 10 (3) and 11.1 (4), section 67, subsections 128.1 (10), (15), (21), (22) and (23) and subsection 160 (3).  2005, c. 15, s. 1. Withdrawal of application (8) An application for certification may be withdrawn by the applicant upon such conditions as the Board may determine.  1995, c. 1, Sched. A, s. 7 (8). Bar to reapplying (9) Subject to subsection (9.1), if the trade union withdraws the application before a representation vote is taken, the Board may refuse to consider another application for certification by the trade union as the bargaining agent of the employees in the proposed bargaining unit until one year or such shorter period as the Board considers appropriate has elapsed after the application is withdrawn.  1995, c. 1, Sched. A, s. 7 (9); 2000, c. 38, s. 2 (4). Mandatory bar (9.1) If the trade union withdraws the application before a representation vote is taken, and that trade union 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 trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year has elapsed after the second application was withdrawn.  2000, c. 38, s. 2 (5). Exception (9.2) Subsection (9.1) does not apply if the trade union that withdrew the application is a trade union that the Board is prohibited from certifying under section 15.  2000, c. 38, s. 2 (5). Same (9.3) Despite subsection (9.1), the Board may consider an application for certification by a trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if, (a) the position of the employee 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 employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.  2000, c. 38, s. 2 (5). Same (10) If the trade union withdraws the application after the representation vote is taken, the Board shall not consider another application for certification by any trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the original application is withdrawn.  2000, c. 38, s. 2 (6). Same (10.1) Despite subsection (10), the Board may consider an application for certification by a trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if, (a) the position of the employee 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 employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.  2000, c. 38, s. 2 (6). Exception (10.2) Subsection (10) does not apply if the trade union that withdrew the application is a trade union that the Board is prohibited from certifying under section 15.  2000, c. 38, s. 2 (6). Notice to employer (11) The trade union shall deliver a copy of the application for certification to the employer by such time as is required under the rules made by the Board and, if there is no rule, not later than the day on which the application is filed with the Board.  1995, c. 1, Sched. A, s. 7 (11). Proposed bargaining unit (12) The application for certification shall include a written description of the proposed bargaining unit including an estimate of the number of individuals in the unit.  1995, c. 1, Sched. A, s. 7 (12). Evidence (13) The application for certification shall be accompanied by a list of the names of the union members in the proposed bargaining unit and evidence of their status as union members, but the trade union shall not give this information to the employer.  1995, c. 1, Sched. A, s. 7 (13). Same (14) If the employer disagrees with the description of the proposed bargaining unit, the employer may give the Board a written description of the bargaining unit that the employer proposes and shall do so within two days (excluding Saturdays, Sundays and holidays) after the day on which the employer receives the application for certification.  1995, c. 1, Sched. A, s. 7.  1995, c. 1, Sched. A, s. 7 (14). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 2
- 30/12/2000 2005, c. 15, s. 1
- 13/06/2005