Marginal note:No certification where previous application refused within six months
22. Where an application for certification of an employee organization as bargaining agent for a proposed bargaining unit has been refused by the Board, the Board shall not certify the employee organization as bargaining agent for the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the Board last refused certification, unless the Board is satisfied that the previous application was refused by reason only of a technical error or omission made in connection therewith.
Determination of Appropriate Bargaining Units
Marginal note:Determination of unit
23. (1) Where an employee organization has made application to the Board for certification as described in section 18, the Board shall determine the relevant group of employees that constitutes a unit appropriate for collective bargaining.
Marginal note:Matters to be taken into account
(2) In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board shall take into account, having regard to the proper functioning of this Part, the duties and classification of the employees in the proposed bargaining unit in relation to any plan of classification as it may apply to the employees in the proposed bargaining unit.
Marginal note:Composition of bargaining unit
(3) For the purposes of this Part, a unit of employees may be determined by the Board to constitute a unit appropriate for collective bargaining whether or not its composition is identical with the group of employees in respect of which application for certification was made.
Marginal note:Determination of membership in bargaining units
24. Where, at any time following the determination by the Board of a group of employees to constitute a unit appropriate for collective bargaining, any question arises as to whether any employee or class of employees is or is not included therein or is included in any other unit, the Board shall, on application by the employer or any employee organization affected, determine the question.
Marginal note:Certification of employee organization as bargaining unit
25. Where the Board
(a) has received from an employee organization an application for certification as bargaining agent for a bargaining unit in accordance with this Part,
(b) has determined the group of employees that constitutes a unit appropriate for collective bargaining in accordance with section 23,
(c) is satisfied that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent, and
(d) is satisfied that the persons representing the employee organization in the making of the application have been duly authorized to make the application,
the Board shall, subject to this Part, certify the employee organization making the application as bargaining agent for the employees in that bargaining unit.
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