99 (1) This section applies when the Board receives a complaint, (a) that a trade union or council of trade unions, or an agent of either was or is requiring an employer or employers’ organization to assign particular work to persons in a particular trade union or in a particular trade, craft or class rather than to persons in another; (b) that an employer was or is assigning work to persons in a particular trade union rather than to persons in another; or (c) that a trade union has failed to comply with its duties under section 74 or 75.  1995, c. 1, Sched. A, s. 99 (1). Withdrawal of complaint (2) A complaint described in subsection (1) may be withdrawn by the complainant upon such conditions as the Board may determine.  1995, c. 1, Sched. A, s. 99 (2). No hearing (3) The Board is not required to hold a hearing to determine a complaint under this section.  1995, c. 1, Sched. A, s. 99 (3). Meeting of representatives (4) Representatives of the trade union or council of trade unions and of the employer or employers’ organization or their substitutes shall promptly meet and attempt to settle the matters raised by a complaint under clause (1) (a) or (b) and shall report the outcome to the Board.  1995, c. 1, Sched. A, s. 99 (4). Orders (5) The Board may make any interim or final order it considers appropriate after consulting with the parties.  1995, c. 1, Sched. A, s. 99 (5). Cease and desist orders (6) In an interim order or after making an interim order, the Board may order any person, employers’ organization, trade union or council of trade unions to cease and desist from doing anything intended or likely to interfere with the terms of an interim order respecting the assignment of work.  1995, c. 1, Sched. A, s. 99 (6). Alteration of bargaining unit (7) When making an order or at any time after doing so, the Board may alter a bargaining unit determined in a certificate or defined in a collective agreement.  1995, c. 1, Sched. A, s. 99 (7). Same (8) If a collective agreement requires the reference of any difference between the parties arising out of work assignment to a tribunal mutually selected by them, the Board may alter the bargaining unit determined in a certificate or defined in a collective agreement as it considers proper to enable the parties to conform to the decision of the tribunal.  1995, c. 1, Sched. A, s. 99 (8). Same, conflicting agreements (9) Where an employer is a party to or is bound by two or more collective agreements and it appears that the description of the bargaining unit in one of the agreements conflicts with the description of the bargaining unit in the other or another of the agreements, the Board may, upon the application of the employer or any of the trade unions concerned, alter the description of the bargaining units in any such agreement as it considers proper, and the agreement or agreements shall be deemed to have been altered accordingly.  1995, c. 1, Sched. A, s. 99 (9). Filing in court (10) A party to an interim or final order may file it, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as such.  1995, c. 1, Sched. A, s. 99 (10); 2000, c. 38, s. 14. Enforcement (11) An order that has been filed with the court is enforceable by a person, employers’ organization, trade union or council of trade unions affected by it and is enforceable on the day after the date fixed in the order for compliance.  1995, c. 1, Sched. A, s. 99 (11). Interim orders prevail (12) A person, employers’ organization, trade union or council of trade unions affected by an interim order made by the Board under this section shall comply with it despite any provision of this Act or of any collective agreement relating to the assignment of the work to which the order relates.  1995, c. 1, Sched. A, s. 99 (12). Same (13) A person, employers’ organization, trade union or council of trade unions who is complying with an interim order made by the Board under this section is deemed not to have violated any provision of this Act or of any collective agreement.  1995, c. 1, Sched. A, s. 99 (13). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 14
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