10(1)A trade union claiming to have as members in good standing a majority of employees of one or more employers in a unit that is appropriate for collective bargaining may, subject to the rules of the Board, make application to the Board to be certified as bargaining agent of the employees in the unit.

10(2)Where no collective agreement is in force and no bargaining agent has been certified under this Act for the unit, an application may, subject to section 11, be made at any time for certification as bargaining agent of the employees in the unit.

10(3)Where no collective agreement is in force but a bargaining agent has been certified under this Act for the unit and where no declaration has been made by the Board that the trade union no longer represents the employees in the bargaining unit, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit determined in the certificate only after the expiry of twelve months from the date of the certificate, or only after the expiry of twelve months from the date of the termination of a collective agreement when section 21 applies.

10(4)Where no collective agreement is in force and where an employer and a trade union have entered into a recognition agreement and where the Board has not made a declaration under section 29, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the recognition agreement only after the expiry of twelve months from the date that the recognition agreement was entered into.

10(5)Where a collective agreement for a term of not more than three years is in force, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last two months of its operation.

10(6)Where a collective agreement for a term of more than three years is in force, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the thirty-fifth month of its operation and before the commencement of the thirty-seventh month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation.

10(7)Where a collective agreement referred to in subsection (5) or (6) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal or revision of the agreement or to the making of a new agreement, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate or after the commencement of the last two months of its operation.

10(8)Where the Board is of the opinion that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application under subsection (1) at a time other than as authorized in subsection (5), (6) or (7), and that it is not reasonable in the circumstances that the employees or the employer, as the case may be, should suffer that damage or loss, an application under this section may be made at any time.