Marginal note:Copy to employee organization
60. The employer must provide the employee organization seeking to be certified with a copy of the application.
61. If the employee organization considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board.
Marginal note:Decision on objection
62. (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the employee organization an opportunity to make representations, determine whether the position is a position referred to in any of paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position.
Marginal note:Burden of proof on employee organization
(2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the employee organization.
Marginal note:Burden of proof on employer
(3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer.
Marginal note:When no objection filed
63. If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position.
Marginal note:Conditions for certification
64. (1) After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if it is satisfied
(a) that a majority of employees in that bargaining unit wish the applicant employee organization to represent them as their bargaining agent;
(b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and
(c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.
Marginal note:Where previous application denied within six months
(2) If an application for certification of an employee organization as the bargaining agent for a proposed bargaining unit has been denied by the Board, the Board may not consider a new application for certification from that employee organization in respect of the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the employee organization was last denied certification, unless the Board is satisfied that the previous application was denied by reason only of a technical error or omission made in connection with the application.
Marginal note:Membership in council of employee organizations
(3) For the purpose of paragraph (1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council.
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