29(1)Where an employer and a trade union or council of trade unions that has not been certified as the bargaining agent for a bargaining unit of employees of the employer enter into a collective agreement, or a recognition agreement, the Board may, upon the application of any of the employees in the bargaining unit, or of another trade union or council of trade unions representing any of the employees in the bargaining unit, during the first year of the period of time that the first collective agreement between them is in operation or, if no collective agreement has been entered into, within one year from the signing of such recognition agreement, declare that the trade union or council of trade unions was not, at the time the agreement was entered into, entitled to represent the employees in the bargaining unit.

29(2)Before disposing of an application under subsection (1), the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary or take or supervise the taking of such votes as it deems expedient to direct and the Board may prescribe the nature of the evidence to be furnished to the Board.

29(3)On an application made under subsection (1), the onus of establishing that the trade union or council of trade unions was entitled to represent the employees in the bargaining unit at the time the agreement was entered into rests on the parties to the agreement.

29(4)Upon the Board making a declaration under subsection (1), the trade union or council of trade unions forthwith ceases to represent the employees in the defined bargaining unit in the recognition agreement or collective agreement and any collective agreement or recognition agreement in operation between the trade union or council of trade unions and the employer ceases to operate forthwith in respect of the employees affected by the declaration.