22 (1) Subject to any agreement under section 20 that is in effect, the Board, upon the application of a successor employer or any bargaining agent that has bargaining rights, may by order determine the number and description of bargaining units that are appropriate for the successor employer’s operations after the occurrence of an event to which this Act applies.  1997, c. 21, Sched. B, s. 22 (1); 2006, c. 4, s. 42 (10). Professional units (2) Nothing in this section prevents the Board from making an order that results in a bargaining unit of employees who are members of a profession and engaged in a professional capacity and who for that reason commonly bargain separately and apart from other employees through a bargaining agent that according to established trade union practice pertains to the profession unless such an order would result in an unduly fragmented bargaining unit structure.  1997, c. 21, Sched. B, s. 22 (2). Construction (3) If the employees in a bargaining unit perform construction work and are represented by a construction union, the Board shall, in making an order under subsection (1), have regard to decisions made by it relating to the description of bargaining units on applications under section 158 of the Labour Relations Act, 1995 and predecessors of that section, but the Board is not required to follow those decisions if the Board is of the view that it would not be appropriate to do so.  1997, c. 21, Sched. B, s. 22 (3). Definitions (4) In subsection (3), “construction union” means a trade union or council of trade unions, both as defined in section 126 of the Labour Relations Act, 1995 or an affiliated bargaining agent or employee bargaining agency, both as defined in section 151 of that Act; (“syndicat de la construction”) “construction work” means constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site. (“travaux de construction”)  1997, c. 21, Sched. B, s. 22 (4). Restriction (5) An order under subsection (1) must not result in a bargaining unit that includes employees whose labour relations are governed by the Fire Protection and Prevention Act, 1997 or the Hospital Labour Disputes Arbitration Act
together with employees whose labour relations are not governed by the same Act.  1997, c. 21, Sched. B, s. 22 (5). Exception (6) Despite subsection (5), an order under subsection (1) may result in a bargaining unit that includes employees whose labour relations are governed by the Hospital Labour Disputes Arbitration Act together with employees whose labour relations are not governed by that Act if, (a)  a bargaining unit of a predecessor employer included employees whose labour relations were governed by the Hospital Labour Disputes Arbitration Act together with employees whose labour relations were not governed by that Act; and (b)  the Board is of the view that it would be appropriate to issue such an order.  1997, c. 21, Sched. B, s. 22 (6). Purposes (7) In making a determination under this section, the Board shall have regard to the purposes of this Act.  1997, c. 21, Sched. B, s. 22 (7). Commencement (8) The order comes into effect at the same time as the related order under section 23.  1997, c. 21, Sched. B, s. 22 (8). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (10)
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