36(1)Where a notice to commence collective bargaining has been given under section 32 or 33, and

36(2)Where a conciliation officer fails to bring about an agreement between parties engaged in collective bargaining, or in any other case where in the opinion of the Minister a conciliation board should be appointed to endeavour to bring about agreement between parties to a dispute, the Minister may appoint a conciliation board for such purpose.

36(3)Where the Minister receives a request to appoint a conciliation officer under subsection (1), he shall, within seven days of receiving the request, send to the parties a notice as to whether he deems it advisable to appoint a conciliation officer.

36(4)Where the Minister has received the report of a conciliation officer appointed under subsection (1) he may consult with the parties and, within fifteen days after receiving that report, he shall send to the parties a notice as to whether he deems it advisable to appoint a conciliation board.

36(5)The Minister, in any case to which subsection (1) applies, may appoint a mediator under section 70.

36(6)Where an employer or employers’ organization and a trade union or council of trade unions have entered into a recognition agreement and a collective agreement has not been concluded, the Minister may, upon the request of either party, appoint a conciliation officer or appoint a mediator under section 70 to confer with the parties and endeavour to effect a collective agreement.

36(7)Where an appointment is made by the Minister under subsection (6), the appointment has the effect of an appointment made under subsection (1) for the purposes of this Act.

36(8)Where the Minister deems it advisable not to make an appointment under subsection (6), the notification is not a notice within the meaning of subsection (3) for the purposes of this Act.

36(9)Notwithstanding anything in this Act, where the Minister has appointed a conciliation officer or a mediator under this section and the parties have failed to enter into a collective agreement within fifteen months from the date of such appointment, the Minister may, upon the joint request of the parties, again appoint a conciliation officer or a mediator to confer with the parties and endeavour to effect a collective agreement, and, upon such appointment being made, all provisions of this Act relating to or regulating a first appointment of a conciliation officer, mediator, or conciliation board appointed under this section and all provisions prescribing any such appointment as a requirement or condition, or prescribing the effect of any such appointment under this Act, shall apply mutatis mutandis, but such appointment is not a bar to an application for certification or for a declaration that the trade union or council of trade unions no longer represents the employees in the bargaining unit.

36(10)Notwithstanding the failure of a trade union to give written notice under section 32, or the failure of either party to give written notice under section 33, where the parties have met and bargained, the Minister may appoint a conciliation officer, a mediator, or a conciliation board in any case to which subsection (1), (2), (5) or (6) applies.