28 (1) A reference to a regulation in this section is a reference to a regulation made under section 27.  2008, c. 15, s. 28 (1). Expiry of collective agreement (2) If a regulation changes the description of a bargaining unit or eliminates a bargaining unit and a collective agreement applied to the bargaining unit immediately before the regulation came into force, the collective agreement expires when the regulation comes into force.  2008, c. 15, s. 28 (2). Determination of bargaining agent (3) If all members of a bargaining unit the description of which is changed by a regulation were represented by the same employee organization immediately before the regulation came into force, that employee organization is deemed, as of the date the regulation comes into force, to be certified under this Act as the bargaining agent for the members of the changed bargaining unit.  2008, c. 15, s. 28 (3). Same (4) Subsection (3) does not apply if 35 per cent or more of the members of the bargaining unit as changed by the regulation were not, immediately before the regulation came into force, represented by any employee organization.  2008, c. 15, s. 28 (4). Same (5) If the members of a bargaining unit the description of which is changed by a regulation were represented by more than one employee organization immediately before the regulation came into force, the Ontario Labour Relations Board shall determine, in accordance with subsection (12), which employee organization is the bargaining agent for the members of the changed bargaining unit.  2008, c. 15, s. 28 (5). Same (6) Subsection (5) does not apply if 35 per cent or more of the members of the bargaining unit as changed by the regulation were not, immediately before the regulation came into force, represented by any employee organization.  2008, c. 15, s. 28 (6). Same (7) If all members of a bargaining unit established by a regulation who were represented by an employee organization immediately before the regulation came into force were, at that time, represented by the same employee organization, that employee organization is deemed, as of the date the regulation comes into force, to be certified under this Act as the bargaining agent for the members of that bargaining unit.  2008, c. 15, s. 28 (7). Same (8) Subsection (7) does not apply if 35 per cent or more of the members of the bargaining unit established by the regulation were not, immediately before the regulation came into force, represented by any employee organization.  2008, c. 15, s. 28 (8). Same (9) If the members of a bargaining unit established by a regulation who were represented by an employee organization immediately before the regulation came into force were, at that time, represented by more than one employee organization, the Ontario Labour Relations Board shall determine, in accordance with subsection (12), which employee organization is the bargaining agent for the members of that bargaining unit.  2008, c. 15, s. 28 (9). Same (10) Subsection (9) does not apply if 35 per cent or more of the members of the bargaining unit established by the regulation were not, immediately before the regulation came into force, represented by any employee organization.  2008, c. 15, s. 28 (10). Same (11) An employee organization that is determined by the Board under subsection (5) or (9) to be the bargaining agent for the members of a bargaining unit is deemed, as of the date the regulation comes into force, to be certified under this Act as the bargaining agent for the members of that bargaining unit.  2008, c. 15, s. 28 (11). Appointment of bargaining agent (12) The Board shall make a determination under subsection (5) or (9) by, (a) conducting a vote of the members of the bargaining unit; (b) ensuring that each employee organization referred to in subsection (5) or (9), as the case may be, appears on the ballot; and (c) appointing as bargaining agent for the members of the bargaining unit the employee organization that receives the greatest number of votes.  2008, c. 15, s. 28 (12). Same (13) In the circumstances described in subsections (4), (6), (8) and (10), the following rules apply: 1. The Ontario Labour Relations Board shall determine which bargaining agent, if any, represents the members of a bargaining unit as changed by the regulation or established by the regulation, as the case may be. 2. The Board shall make a determination under paragraph 1 by conducting a vote of the members of the bargaining unit. 3. The Board shall ensure that the ballot includes having no bargaining agent as a choice. 4. In the circumstances described in subsection (4) or (8), the Board shall ensure that the employee organization referred to in subsection (3) or (7), as the case may be, appears on the ballot. 5. In the circumstances described in subsection (6) or (10), the Board shall ensure that each of the employee organizations referred to in subsection (5) or (9), as the case may be, appears on the ballot. 6. If the greatest number of votes are cast in favour of having no bargaining agent, the Board shall declare that there is no employee organization representing the members of the bargaining unit. 7. If the greatest number of votes are cast in favour of an employee organization, the Board shall appoint that employee organization as the bargaining agent for the members of the bargaining unit.  2008, c. 15, s. 28 (13). Same (14) An employee organization that is appointed by the Board under paragraph 7 of subsection (13) as the bargaining agent for the members of a bargaining unit is deemed, as of the date the regulation comes into force, to be certified under this Act as the bargaining agent for the members of that bargaining unit.  2008, c. 15, s. 28 (14). Voting practices and procedures (15) A vote under subsection (12) or (13) shall be a vote by secret ballot conducted under the supervision of and in the manner determined by the Board.  2008, c. 15, s. 28 (15). Eligibility (16) The Board may determine, in its discretion, who is eligible to vote.  2008, c. 15, s. 28 (16). Bargaining rights terminated (17) When the Board makes a declaration under paragraph 6 of subsection (13), the bargaining rights of every employee organization with respect to members of the bargaining unit are terminated.  2008, c. 15, s. 28 (17). Effect of deemed certification (18) When an employee organization is deemed certified under this section as the bargaining agent for the members of a bargaining unit, the bargaining rights of every other bargaining agent with respect to the members of the bargaining unit are terminated.  2008, c. 15, s. 28 (18). Notice of desire to negotiate deemed given (19) An employee organization deemed certified under this section as the bargaining agent for the members of a bargaining unit is deemed, as of the date the regulation comes into force, to have given written notice to the Council in accordance with subsection 3 (1).  2008, c. 15, s. 28 (19). Establishment of Bargaining Rights Application for certification