Canada Labour Code

Marginal note:Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit

39 If the Board has received an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, the Board shall grant the order if

• (a) it is satisfied on the basis of written evidence that, as of the date of the filing of the application, at least 40% of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, and

• (b) it is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in the bargaining unit who have cast a ballot no longer wish to be represented by the bargaining agent.