• 36. (1) An application or intervener’s application filed under this Part shall be accompanied by all or part of the documentary evidence on which the applicant or intervener intends to rely to satisfy the Board that a majority of employees in the proposed bargaining unit wishes the applicant or intervener to represent the employees as their bargaining agent.

• (2) Any documentary evidence that does not accompany an application or an intervener’s application pursuant to subsection (1) shall be filed on or before the terminal date.

37. Where the Board decides to hold a hearing, the Executive Director shall serve a notice of hearing in Form 1 on each of the parties and on each employee or the representative of a group of employees who has filed a statement of opposition in accordance with section 28.

• 38. (1) An employee or group of employees who has filed a statement of opposition in accordance with section 28 may appear at the hearing in person or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

• (2) The Board shall not hear any oral evidence of opposition by or on behalf of employees to the certification of an employee organization other than such oral evidence as the Board may require to identify and substantiate a statement of opposition filed in accordance with section 28.

• 39. (1) Where, after the Board has certified an employee organization as bargaining agent for a bargaining unit, the employer wishes to designate any person in that bargaining unit described in subparagraphs (c)(i) to (v) of the definition “person employed in a managerial or confidential capacity” in section 3 of the Act, the employer shall file with the Executive Director in duplicate a statement setting forth the name of the person whom the employer wishes so to designate, the person’s job description, classification, the subparagraph under which the person is to be designated and, where any such person is to be designated under subparagraph (iv), the position, title, job description and classification of the person to whom the position of employment of the person to be designated is confidential.

• (2) Where a statement referred to in subsection (1) is filed, the Executive Director shall serve a copy of that statement on the bargaining agent of the person to whom the statement applies.

• (3) Where the bargaining agent referred to in subsection (2) objects to the designation of a person pursuant to subsection (1), the bargaining agent shall file with the Executive Director, not later than 15 days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds for the objection.

• (4) The time prescribed by subsection (3) may be extended either before or after the expiration of that time

  • (a) by agreement of the parties; or

  • (b) by the Board under section 9 in respect of any particular person or group of persons.