8.1 (1) If the employer disagrees with the trade union’s estimate, included in the application for certification, of the number of individuals in the unit, the employer may give the Board a notice that it disagrees with that estimate.  1998, c. 8, s. 3. Content of notice (2) A notice under subsection (1) must include, (a) the description of the bargaining unit that the employer proposes or a statement that the employer agrees with the description of the bargaining unit included in the application for certification; (b) the employer’s estimate of the number of individuals in the bargaining unit described in the application for certification; and (c) if the employer proposes a different bargaining unit from that described in the application for certification, the employer’s estimate of the number of individuals in the bargaining unit the employer proposes.  1998, c. 8, s. 3. Deadline for notice (3) A notice under subsection (1) must be given within two days (excluding Saturdays, Sundays and holidays) after the day on which the employer receives the application for certification.  1998, c. 8, s. 3. Sealing of ballot boxes (4) If the Board receives a notice under subsection (1), the Board shall direct that the ballot boxes from the representation vote be sealed unless the trade union and the employer agree otherwise.  1998, c. 8, s. 3. Board determinations, etc. (5) The following apply if the Board receives a notice under subsection (1): 1. The Board shall not certify the trade union as the bargaining agent or dismiss the application for certification except as allowed under paragraph 2 or as required under paragraph 8. 2. If the Board did not direct that the ballot boxes be sealed, the Board may dismiss the application for certification. 3. Unless the Board dismisses the application as allowed under paragraph 2, the Board shall determine whether the description of the bargaining unit included in the application for certification could be appropriate for collective bargaining.  The determination shall be based only upon that description. 4. If the Board determines that the description of the bargaining unit included in the application for certification could be appropriate for collective bargaining, the Board shall determine the number of individuals in the unit as described in the application. 5. If the Board determines that the description of the bargaining unit included in the application for certification could not be appropriate for collective bargaining, i. the Board shall determine, under section 9, the unit of employees that is appropriate for collective bargaining, and ii. the Board shall determine the number of individuals in that unit. 6. After the Board’s determination of the number of individuals in the unit under paragraph 4 or 5, the Board shall determine the percentage of the individuals in the bargaining unit who appear to be members of the union at the time the application for certification was filed, based upon the Board’s determination under paragraph 4 or 5 and the information provided under subsection 7 (13). 7. If the percentage determined under paragraph 6 is less than 40 per cent, the Board shall dismiss the application for certification and, if the ballot boxes were sealed, the Board shall direct that the ballots be destroyed without being counted. 8. If the percentage determined under paragraph 6 is 40 per cent or more, i. if the ballot boxes were sealed, the Board shall direct that the ballot boxes be opened and the ballots counted, subject to any direction the Board has made under subsection 8 (7), and ii. the Board shall either certify the trade union or dismiss the application for certification.  1998, c. 8, s. 3; 2000, c. 38, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 3 - 24/08/1998 2000, c. 38, s. 3
- 30/12/2000