Marginal note:Powers of Board in relation to certification
26. (1) For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in paragraphs (c) and (d) of that section, the Board may
(a) examine, in accordance with any regulations that may be made by the Board in that behalf, such evidence as is submitted to it respecting membership of the employees in the proposed bargaining unit in the employee organization seeking certification;
(b) make or cause to be made such examination of records or make such inquiries as it deems necessary; and
(c) examine documents forming or relating to the constitution or articles of association of the employee organization seeking certification.
Marginal note:Representation vote directed to be taken
(2) For the purpose of satisfying itself under paragraph 25(c) that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent, the Board, in its sole discretion, may direct that a representation vote be taken among the employees in the bargaining unit.
Marginal note:Arrangements to be made for representation vote
(3) Where under subsection (2) the Board directs that a representation vote be taken, the Board shall
(a) determine the employees that are eligible to vote; and
(b) make such arrangements and give such directions as it deems requisite for the proper conduct of the representation vote including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes.
(4) [Repealed, 1993, c. 34, s. 100]
- R.S., 1985, c. 33 (2nd Supp.), s. 26;
- 1993, c. 34, s. 100.
Where Certification Prohibited
Marginal note:Where participation by employer in formation of employee organization
27. (1) The Board shall not certify as bargaining agent for a bargaining unit any employee organization in the formation or administration of which there has been or is, in the opinion of the Board, participation by the employer affected or any person acting on behalf of the employer of such a nature as to impair its fitness to represent the interests of employees in the bargaining unit.
Marginal note:Where money received or paid for activities by political party
(2) The Board shall not certify as bargaining agent for a bargaining unit any employee organization that
(a) receives from any of its members who are employees,
(b) handles or pays in its own name on behalf of members who are employees, or
(c) requires as a condition of membership therein the payment by any of its members of
any money for activities carried on by or on behalf of any political party.
Marginal note:Where discrimination by reason of race, etc.
(3) The Board shall not certify as bargaining agent for a bargaining unit any employee organization that discriminates against any employee because of sex, race, national origin, colour or religion.
- Date modified: