History — 38

Application for revocation of certification 38 (1) If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order revoking the certification of that trade union. Time for application (2) An application for an order pursuant to subsection (1) may be made in respect of a bargaining agent for a bargaining unit, (a) where a collective agreement applicable to the bargaining unit is in force, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24 unless the Board consents to the making of the application for the order at some other time; and (b) where no collective agreement applicable to the bargaining unit is in force, at any time after a period of one year from the date of certification of the trade union. Application for order that bargaining agent not entitled to represent bargaining unit (3) If a collective agreement applicable to a bargaining unit is in force but the bargaining agent that is a party to the collective agreement has not been …