Application for certification or termination after conciliation
62.  (1) Subject to subsection (3), where a trade union has not made a collective agreement within one year after its certification and the Minister has appointed a conciliation officer or a mediator under this Act, no application for certification of a bargaining agent of, or for a declaration that a trade union no longer represents, the employees in the bargaining unit determined in the certificate shall be made until, (a) thirty days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator; (b) thirty days have elapsed after the Minister has released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board; or (c) six months have elapsed after the Minister has released to the parties a notice of a report of the conciliation officer that the differences between the parties concerning the terms of a collective agreement have been settled, as the case may be. Idem (2) Where notice has been given under section 54 and the Minister has appointed a conciliation officer or a mediator, no application for certification of a bargaining agent of any of the employees in the bargaining units as defined in the collective agreement and no application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees in the bargaining unit as defined in the agreement shall be made after the date when the agreement ceased to operate or the date when the Minister appointed a conciliation officer or a mediator, whichever is later, unless, following the appointment of a conciliation officer or a mediator, if no collective agreement has been made, (a) at least twelve months have elapsed from the date of the appointment of the conciliation officer or a mediator; (b) a conciliation board or a mediator has been appointed and thirty days have elapsed after the report of the conciliation board or the mediator has been released by the Minister to the parties; or (c) thirty days have elapsed after the Minister has informed the parties that he or she does not consider it desirable to appoint a conciliation board, whichever is later. Application for certification or termination during lawful strike (3) Where a trade union has given notice under section 14 and the employees in the bargaining unit on whose behalf the trade union was certified as bargaining agent thereafter engage in a lawful strike or the employer lawfully locks out the employees, no application for certification of a bargaining agent of, or for a declaration that the trade union no longer represents, the employees in the bargaining unit determined in the certificate shall be made, (a) until six months have elapsed after the strike or lock-out commenced; or (b) until seven months have elapsed after the Minister has released to the parties the report of the conciliation board or mediator or a notice that the Minister does not consider it advisable to appoint a conciliation board, whichever occurs first. Application of subss. (1,3) (4) Subsections (1) and (3) apply with necessary modifications to an application made under subsection 5(3). R.S.O. 1990, c.L.2, s.62. Successor Rights