Acts and Regulations

I-4 - Industrial Relations Act

Full text
Pre-hearing representation vote
15(1)Upon an application for certification, the trade union may request that a pre-hearing representation vote be taken.
15(2)Upon a request made under subsection (1), the Board may determine a voting constituency and, if it appears to the Board on an examination of the records of the trade union and the records of the employer that not less than forty per cent of the employees in the voting constituency were members of the trade union at the time the application was made, the Board may direct that a representation vote be taken among the employees in the voting constituency.
15(3)The Board may direct that the ballot box containing the ballots cast in a representation vote taken under subsection (2) be sealed and that the ballots not be counted until the parties have been given full opportunity to present evidence and make representations.
15(4)Where a representation vote has been taken under subsection (2), the Board shall determine the unit of employees that is appropriate for collective bargaining and, if it is satisfied that not less than forty per cent of the employees in such bargaining unit were members of the trade union at the time the application was made, the representation vote taken under subsection (2) has the same effect as a representation vote taken under subsection 14(2).
1971, c.9, s.16