Powers and duties of Board, general
105.  (1) The Board shall exercise the powers and perform the duties that are conferred or imposed upon it by or under this Act. R.S.O. 1990, c.L.2, s.105(1). specific (2) Without limiting the generality of subsection (1), the Board has power, (a) to require any party to furnish particulars before or during a hearing; (a.1) to require any party to produce documents or things that may be relevant to a matter before it and to do so before or during a hearing; (a.2) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce the documents and things that the Board considers requisite to the full investigation and consideration of matters within its jurisdiction in the same manner as a court of record in civil cases; (b) to administer oaths and affirmations; (c) to admit and act upon such oral or written evidence as it considers proper, whether admissible in court or not; (d) to require persons or trade unions, whether or not they are parties to proceedings before the Board, to post and to keep posted upon their premises in a conspicuous place or places, where they are most likely to come to the attention of all persons concerned, any notices that the Board considers necessary to bring to the attention of such persons in connection with any proceedings before the Board; (e) to enter any premises where work is being or has been done by the employees or in which the employer carries on business, whether or not the premises are those of the employer, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any matter and post therein any notice referred to in clause (d); (f) to enter upon the premises of employers and conduct representation votes during working hours and give such directions in connection with the vote as it considers necessary; (g) to authorize any person to do anything that the Board may do under clauses (a) to (f) and to report to the Board thereon; (h) to authorize the chair, a vice-chair or a labour relations officer to inquire into any application, request, complaint, matter or thing within the jurisdiction of the Board, or any part of any of them, and to report to the Board thereon; (i) to bar an unsuccessful applicant for any period not exceeding ten months from the date of the dismissal of the unsuccessful application, or to refuse to entertain a new application by an unsuccessful applicant or by any of the employees affected by an unsuccessful application or by any person or trade union representing the employees within any period not exceeding ten months from the date of the dismissal of the unsuccessful application; (j) to determine the form in which evidence of membership or application for membership or of objection to certification of a trade union shall be filed or presented on an application for certification and to refuse to accept any evidence not filed or presented in that form; (j.1) to determine, on an application for a declaration terminating bargaining rights, the form in which and the time as of which evidence shall be filed or presented concerning employees who no longer wish to be represented by a trade union and to refuse to accept any evidence not filed or presented in that form or by that time; (k) to determine the form in which and the time as of which evidence of representation by an employers’ organization or of objection by employers to accreditation of an employers’ organization or of signification by employers that they no longer wish to be represented by an employers’ organization shall be presented to the Board in an application for accreditation or for a declaration terminating bargaining rights of an employers’ organization and to refuse to accept any evidence of representation or objection or signification that is not presented in the form and as of the time so determined; (l) to determine the form in which and the time as of which any party to a proceeding before the Board must file or present any thing, document or information and to refuse to accept any thing, document or information that is not filed or presented in that form or by that time; (m) to attach terms or conditions to any order. R.S.O. 1990, c.L.2, s.105(2); 1992, c.21, s.43(1-4); 1993, c.27, Sched.; 1993, c.38, s.67(7). Subsequent applications for certification, etc. (3) Despite sections 5 and 58, where an application has been made for certification of a trade union as bargaining agent for employees in a bargaining unit or for a declaration that the trade union no longer represents the employees in a bargaining unit and a final decision of the application has not been issued by the Board at the time a subsequent application for the certification or for the declaration is made with respect to any of the employees affected by the original application, the Board may, (a) treat the subsequent application as having been made on the date of the making of the original application; (b) postpone consideration of the subsequent application until a final decision has been issued on the original application and thereafter consider the subsequent application but subject to any final decision issued by the Board on the original application; or (c) refuse to entertain the subsequent application. Determination of union membership (4) Where the Board is satisfied that a trade union has an established practice of admitting persons to membership without regard to the eligibility requirements of its charter, constitution or by-laws, the Board, in determining whether a person is a member of a trade union, need not have regard for the eligibility requirements. R.S.O. 1990, c.L.2, s.105(3,4). Idem, membership fee (4.1) In determining whether a person is a member of a trade union or has applied for membership, the Board shall not consider whether the person has made any payment that the trade union may require. 1992, c.21, s.43(5). Additional votes (5) Where the Board determines that a representation vote is to be taken amongst the employees in a bargaining unit or voting constituency, the Board may hold the additional representation votes as it considers necessary to determine the true wishes of the employees. R.S.O. 1990, c.L.2, s.105(5); 1993, c.27, Sched. Idem (6) Where, in the taking of a representation vote, the Board determines that the employees are to be given a choice between two or more trade unions, (a) the Board may include on a ballot a choice indicating that an employee does not wish to be represented by a trade union; and (b) the Board, when it decides to hold the additional representation votes that may be necessary, may eliminate from the choice on the ballot the choice from the previous ballot that has obtained the lowest number of votes cast. R.S.O. 1990, c.L.2, s.105(6); 1993, c.27, Sched.