28(1)Where, upon an application made under sections 23 to 26, a declaration is made by the Board that the trade union or council of trade unions no longer represents the employees in the bargaining unit, the trade union or council of trade unions ceases to be the certified bargaining agent or the recognized bargaining agent, as the case may be, in respect of such employees, the employer is not required to bargain collectively with the bargaining agent and, subject to subsection (2), any collective agreement in effect between the trade union or council of trade unions and the employer that is binding upon the employees in the bargaining unit ceases to operate forthwith.

28(2)Upon a declaration made by the Board under section 26 that a trade union no longer represents the employees in the bargaining unit, the trade union is not entitled to claim any rights or privileges flowing from certification and, if it has made a collective agreement binding upon the employees in the bargaining unit, the collective agreement is void from the commencement date of the agreement.

28(3)Where, under sections 23 to 27, a declaration is made by the Board that a trade union or council of trade unions no longer represents the employees in the bargaining unit, the trade union or council of trade unions, subject to the provisions of this Act, may at any time make application to be certified as bargaining agent for the same unit of employees, in whole or in part.