Canada Labour Code

Marginal note:Duty to certify trade union

• 28 (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a unit who have cast a ballot have voted to have a trade union represent them as their bargaining agent, the Board shall, subject to this Part, certify the trade union as the bargaining agent for the unit.

• Marginal note:Representation vote

  (2) The Board shall order that a secret ballot representation vote be taken among the employees in a unit if the Board

  • (a) has received from a trade union an application for certification as the bargaining agent for the unit;

  • (b) has determined that the unit constitutes a unit appropriate for collective bargaining; and

  • (c) is satisfied on the basis of evidence of membership in the trade union that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the trade union represent them as their bargaining agent.