40(1)Where an employee organization claims that by reason of a merger, amalgamation or transfer of jurisdiction it is the successor of an employee organization that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent of a unit of employees of an employer and any question arises in respect of its right to act as the successor, the Board, in any proceeding before it or on the application of any person or employee organization concerned, may declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under the Act of its predecessor or the Board may dismiss the application.

40(2)Before issuing a declaration under subsection (1), the Board may make such inquiry, require the production of such evidence or hold such representation votes as it deems appropriate.

40(3)Where the Board makes an affirmative declaration under subsection (1), the successor shall for the purposes of the Act be conclusively presumed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise, and the employer, the successor and the employees concerned shall recognize such status in all respects.

40(1)Where an employee organization claims that by reason of a merger, amalgamation or transfer of jurisdiction it is the successor of an employee organization that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent of a unit of employees of an employer and any question arises in respect of its right to act as the successor, the Board, in any proceeding before it or on the application of any person or employee organization concerned, may declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under the Act of its predecessor or the Board may dismiss the application.

40(2)Before issuing a declaration under subsection (1), the Board may make such inquiry, require the production of such evidence or hold such representation votes as it deems appropriate.

40(3)Where the Board makes an affirmative declaration under subsection (1), the successor shall for the purposes of the Act be conclusively presumed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise, and the employer, the successor and the employees concerned shall recognize such status in all respects.