42(1)Where a trade union does not make a collective agreement with the employer or employers’ organization within six months after its certification or within six months after the date of the termination of a collective agreement when section 21 applies, any of the employees in the bargaining unit determined in the certification may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.

42(2)Notwithstanding subsection 23(2), any of the employees in the bargaining unit defined in a first collective agreement, where the trade union or council of trade unions has not been certified as the bargaining agent of the employees, may apply to the Board for a declaration that the trade union or council of trade unions no longer represents the employees in the bargaining unit after the commencement of the tenth month of its operation and before the end of the twelfth month of its operation.

42(3)Subsections 23(3) to (5), section 27 and subsection 28(1) apply mutatis mutandis to an application under subsection (1) or (2).