40(1)Where a trade union applies for certification as bargaining agent of the employees of an employer, the Board shall determine the unit of employees that is appropriate for collective bargaining by reference to a geographic area and it shall not confine the unit to a particular project unless satisfied that the circumstances warrant a unit so confined.

40(2)In determining the appropriate unit on an application to which subsection (1) applies, the Board may designate the whole or any part of the Province as a geographic area and may limit the unit to a designated geographic area.

40(3)In determining whether a trade union to which subsection (1) applies has met the requirements of subsection 14(1), the Board need not have regard to any increase in the number of employees in the bargaining unit after the date the application was made.

40(4)Where application to which subsection (1) applies is made, the application is, except as provided in subsection (5), subject to the provisions of this Act and any rules prescribed by the Board requiring notice on an application.

40(5)The Board, subject to such rules as it may prescribe, in respect to any application to which subsection (1) applies, may certify an applicant or dismiss the application without a hearing and without notice or without a hearing on such notice as may be required under the rules.

40(6)Where a trade union makes an application for certification to which subsection (1) applies, the Board shall forthwith determine,

40(7)For the purposes of determining the percentage of employees in the appropriate unit who are members in good standing of the trade union under subsection (6), the Board may require the employer to file with the Board a list of employees verified by statutory declaration together with any information that the Board may require in respect of the employees.

40(8)Where the Board determines, in respect of an application to which subsection (1) applies, that the unit is appropriate for collective bargaining and that the majority of employees in the unit are members in good standing or have selected the trade union to be bargaining agent, the Board shall forthwith certify the trade union as the bargaining agent of the employees of the employer in the appropriate unit and the order of certification shall be an order under section 14.

40(9)Where, on an application to which subsection (1) applies, the Board is satisfied that the trade union is not entitled to be certified, the Board shall dismiss the application and may, in the same order or a subsequent order, establish the length of time before the trade union may make another application on behalf of the same unit of employees.

40(10)Where the Board issues an order under subsection (9) dismissing an application to which this section applies without a hearing pursuant to subsection (5) and the applicant trade union requests a hearing, the Board shall hold a hearing and may revoke the order and proceed under this section.

40(11)Where the Board certifies a trade union on an application to which this section applies without notice or without a hearing pursuant to subsection (5), and the employer or another trade union requests a hearing, the Board shall hold a hearing and may revoke or vary the order made under subsection (8).

40(12)A request made under subsection (10) or (11) for a hearing shall be made within ten days after the order or certification is issued subject to extension by the Board.