63 (1) If a trade union does not make a collective agreement with the employer within one year after its certification, any of the employees in the bargaining unit determined in the certificate may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.  1995, c. 1, Sched. A, s. 63 (1). Same, agreement (2) Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit, (a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last three months of its operation; (b) in the case of a collective agreement for a term of more than three years, 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; (c) in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any 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, 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.  2000, c. 38, s. 8 (1). Notice to employer, trade union (3) The applicant shall deliver a copy of the application to the employer and the trade union 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. 63 (3). Evidence (4) The application filed with the Board shall be accompanied by a list of the names of the employees in the bargaining unit who have expressed a wish not to be represented by the trade union and evidence of the wishes of those employees, but the applicant shall not give this information to the employer or trade union.  1995, c. 1, Sched. A, s. 63 (4). Direction re representation vote (5) If the Board determines that 40 per cent or more of the employees in the bargaining unit appear to have expressed a wish not to be represented by the trade union at the time the application was filed, the Board shall direct that a representation vote be taken among the employees in the bargaining unit.  1995, c. 1, Sched. A, s. 63 (5). Same (6) The number of employees in the bargaining unit who appear to have expressed a wish not to be represented by the trade union shall be determined with reference only to the information provided in the application and the accompanying information provided under subsection (4).  1995, c. 1, Sched. A, s. 63 (6). Same (7) The Board may consider such information as it considers appropriate to determine the number of employees in the bargaining unit.  1995, c. 1, Sched. A, s. 63 (7). No hearing (8) The Board shall not hold a hearing when making a decision under subsection (5).  1995, c. 1, Sched. A, s. 63 (8). Timing of vote (9) Unless the Board directs otherwise, the representation vote shall be held within five days (excluding Saturdays, Sundays and holidays) after the day on which the application is filed with the Board.  1995, c. 1, Sched. A, s. 63 (9). Conduct of vote (10) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made.  1995, c. 1, Sched. A, s. 63 (10). Sealing of ballot box, etc. (11) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs.  1995, c. 1, Sched. A, s. 63 (11). Subsequent hearing (12) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application.  1995, c. 1, Sched. A, s. 63 (12). Exception (13) When disposing of an application, the Board shall not consider any challenge to the information provided under subsection (4).  1995, c. 1, Sched. A, s. 63 (13). Declaration of termination following vote (14) If on the taking of the representation vote more than 50 per cent of the ballots cast are cast in opposition to the trade union, the Board shall declare that the trade union that was certified or that was or is a party to the collective agreement, as the case may be, no longer represents the employees in the bargaining unit.  1995, c. 1, Sched. A, s. 63 (14). Dismissal of application (15) The Board shall dismiss the application unless more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in opposition to the trade union.  1995, c. 1, Sched. A, s. 63 (15). Same, employer misconduct (16) Despite subsections (5) and (14), the Board may dismiss the application if the Board is satisfied that the employer or a person acting on behalf of the employer initiated the application or engaged in threats, coercion or intimidation in connection with the application.  1995, c. 1, Sched. A, s. 63 (16). (16.1) Repealed:  2005, c. 15, s. 4. Declaration of termination of abandonment (17) Upon an application under subsection (1) or (2), where the trade union concerned informs the Board that it does not desire to continue to represent the employees in the bargaining unit, the Board may declare that the trade union no longer represents the employees in the bargaining unit.  1995, c. 1, Sched. A, s. 63 (17). Declaration to terminate agreement (18) Upon the Board making a declaration under subsection (14) or (17), any collective agreement in operation between the trade union and the employer that is binding upon the employees in the bargaining unit ceases to operate forthwith.  1995, c. 1, Sched. A, s. 63 (18). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 8
- 30/12/2000 2005, c. 15, s. 4
- 13/06/2005