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Canada Labour Code

Version of section 28 from 2015-06-16 to 2017-06-21:


Marginal note:Duty to certify trade union

  •  (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a unit who have cast a ballot have voted to have a trade union represent them as their bargaining agent, the Board shall, subject to this Part, certify the trade union as the bargaining agent for the unit.

  • Marginal note:Representation vote

    (2) The Board shall order that a secret ballot representation vote be taken among the employees in a unit if the Board

    • (a) has received from a trade union an application for certification as the bargaining agent for the unit;

    • (b) has determined that the unit constitutes a unit appropriate for collective bargaining; and

    • (c) is satisfied on the basis of evidence of membership in the trade union that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the trade union represent them as their bargaining agent.

  • R.S., 1985, c. L-2, s. 28
  • 2014, c. 40, s. 2

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