23 (1) Following a request under subsection 21 (4) or when making an order under section 22, the Board shall determine which one of the bargaining agents, if any, represents the employees in each bargaining unit whose description is changed by the agreement under section 20 or the order under section 22.  1997, c. 21, Sched. B, s. 23 (1). Representation vote (2) The Board shall make the determination by conducting a vote or votes of the employees in each bargaining unit.  1997, c. 21, Sched. B, s. 23 (2). Result of vote (3) The order must appoint as bargaining agent for a bargaining unit the candidate that receives the greatest number of votes, if the candidate receives more than 50 per cent of the votes cast.  1997, c. 21, Sched. B, s. 23 (3). (4) Repealed:  2006, c. 35, Sched. D, s. 12. Same (5) If 40 per cent or more of the employees in the bargaining unit were not represented by a bargaining agent immediately before the changeover date, the ballot must include having no bargaining agent as a choice.  1997, c. 21, Sched. B, s. 23 (5). (6) Repealed:  2006, c. 35, Sched. D, s. 12. Same, bargaining unit terminated (7) If more than 50 per cent of the votes cast are in favour of having no bargaining agent, the order must provide that there is no bargaining agent representing the employees in the bargaining unit.  1997, c. 21, Sched. B, s. 23 (7). Same (8) When an order described in subsection (7) is made, every collective agreement that applied to the employees in the bargaining unit ceases to operate and the bargaining rights of the existing bargaining agents are terminated.  1997, c. 21, Sched. B, s. 23 (8). Effect of order (9) When an order is made under subsection (1) determining that a bargaining agent represents the employees in a bargaining unit, the bargaining rights of every other bargaining agent with respect to the employees in the bargaining unit are terminated.  1997, c. 21, Sched. B, s. 23 (9). No vote if no change in bargaining units (10) No vote is required if the order made under section 22 does not change the number, or description of the bargaining units. In that case, the order under this section must provide that the existing bargaining agents continue to represent the employees in the bargaining units.  1997, c. 21, Sched. B, s. 23 (10). Same, agreement of bargaining agents (11) No vote is required with respect to a bargaining unit if all of the bargaining agents that represented any of the employees in the unit before the order was made under section 22 agree upon the bargaining agent (from among their number) to represent the employees in the unit and less than 40 per cent of the employees in the bargaining unit were not represented by a bargaining agent immediately before the changeover date. In that case, the order under this section must appoint the agreed bargaining agent.  1997, c. 21, Sched. B, s. 23 (11); 2015, c. 34, Sched. 2, s. 1 (1). Same, prescribed percentage represented by bargaining agent (11.1) No vote is required with respect to a bargaining unit if at least a prescribed percentage of the employees in that unit were represented immediately before the changeover date by a single bargaining agent.  In that case, the order under this section must appoint that bargaining agent as the bargaining agent for all of the employees in the unit. 2015, c. 34, Sched. 2, s. 1 (2). Same, minimum percentage (11.2) For the purposes of subsection (11.1), the prescribed percentage shall be more than 60 per cent. 2015, c. 34, Sched. 2, s. 1 (2). Same, determination of dispute (11.3) If a dispute arises about the application of subsection (11) or (11.1), the Board shall determine the matter. 2015, c. 34, Sched. 2, s. 1 (2). (12) Repealed:  2006, c. 35, Sched. D, s. 12. Voting practices and procedures (13) The Board shall determine the practices and procedures to be used in conducting a vote under this section. The voting must be conducted so as to ensure that one of the choices or candidates on the ballot ultimately receives more than 50 per cent of the votes cast.  1997, c. 21, Sched. B, s. 23 (13). Conduct of vote in certain cases (14) If 40 per cent or more of the employees in the bargaining unit were, immediately before the changeover date, not represented by a bargaining agent or are employees described in subsection (4) and there were at least two bargaining agents that, immediately before the changeover date, represented employees in the bargaining unit, the following apply with respect to the conduct of the vote under this section: 1.  The vote must consist of succeeding votes. 2.  In the first vote, the choices on the ballot must be having no bargaining agent as one choice and each of the bargaining agents, each as a separate choice. 3.  Every choice on the ballot in a vote, other than the choice with the fewest votes cast in its favour, must be included in the ballot for the immediately succeeding vote.  1997, c. 21, Sched. B, s. 23 (14). Secret ballot (15) A vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made.  1997, c. 21, Sched. B, s. 23 (15). Contents of ballot (16) The Board shall by order determine the choices and candidates for bargaining agent that are to appear on the ballot and shall do so in accordance with its practices and procedures.  1997, c. 21, Sched. B, s. 23 (16). Eligibility (17) The Board may determine, in its discretion, who is eligible to vote.  1997, c. 21, Sched. B, s. 23 (17). Orders and defects in voting (18) No order of the Board appointing a bargaining agent shall be set aside on the ground of any defect or irregularity in a vote if the Board is satisfied that the results of the vote reflect the true wishes of the majority of the employees in the bargaining unit.  1997, c. 21, Sched. B, s. 23 (18). Enquiry into defects in voting (19) The Board is not required to enquire into any allegation of a defect or irregularity in a vote if the Board is satisfied that, whether or not the alleged defect or irregularity existed, the results of the vote reflect the true wishes of the majority of the employees in the bargaining unit.  1997, c. 21, Sched. B, s. 23 (19). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 12 - 20/12/2006 2015, c. 34, Sched. 2, s. 1 (1, 2) - 10/06/2016