Contractual conditions restraining rights 23(1) Every employer, employers' organization and union, and every person acting on behalf of an employer, an employers' organization or a union, who imposes any condition in a contract of employment or collective agreement seeking to restrain an employee from exercising his rights under this Part commits an unfair labour practice, and any such condition in a contract of employment or collective agreement is void. Collective agreement conditions allowed 23(2) Nothing in this Act prohibits the parties to a collective agreement from inserting in the collective agreement a provision requiring, as a condition of obtaining employment, membership in a specified union, or granting a preference of employment to members of a specified union or requiring the payment of dues or contributions to a specified union. Provisions requiring discharge of employees 23(3) Any provision in a collective agreement requiring an employer to discharge an employee because the employee is, or continues to be a member of, or engages in activities on behalf of, (a) a specified union; or (b) a union other than a specified union; is void. Bargaining with unit that is not bargaining agent 24(1) Where a union is the bargaining agent for a unit, every employer and employers' organization, and every person acting on behalf of an employer or employers' organization, who bargains collectively for the purpose of entering into a collective agreement, or purports to enter into a collective agreement, with another union in respect of that bargaining unit commits an unfair labour practice. Union bargaining for another union's members 24(2) Where a union is the bargaining agent for a unit, every other union, and every person acting on behalf of another union, who bargains collectively for the purpose of entering into a collective agreement, or purports to enter into a collective agreement, with an employer or with an employers' organization on behalf of, or purporting, designed or intended to be binding upon employees in that bargaining unit, commits an unfair labour practice. Void agreements 24(3) Any agreement entered into as a result of an unfair labour practice committed under subsection (1) or (2) is void. Interrogation prohibited 25(1) Every employer, and every person acting on behalf of an employer, who inquires of an employee or of a person seeking employment with the employer whether the employee or person (a) is a member of, or has applied for membership in, a union; or (b) has exercised any of the employee's or person's rights under this Act; commits an unfair labour practice. Defence 25(2) An employer or a person acting on behalf of an employer does not commit an unfair labour practice under subsection (1) if the employer required the information for the purpose of enabling the employer to comply with a collective agreement affecting his employees. Not bargaining in good faith 26 Every party to collective bargaining which fails to comply with any requirement of, as the case may be, section 62 or 63 in the circumstances described therein commits an unfair labour practice. Failure to provide information 27 Every employer, and every person acting on behalf of an employer, who fails to comply with any requirement of subsection 66(1) or (2) in the circumstances described therein commits an unfair labour practice. Failure to co-operate in conciliation or mediation 28(1) Every party to collective bargaining, and every representative of a party to collective bargaining, which or who fails to comply with any requirement of, as the case may be, subsection 67(3) or section 102 in the circumstances described therein commits an unfair labour practice. Prima facie proof 28(2) For the purposes of subsection (1), a certificate or written statement purporting to be signed by (a) in the case of a requirement under subsection 67(3), the conciliator; or (b) in the case of a requirement under section 102, the mediator or the chairperson of the conciliation board; and stating that a party or its representative has failed to comply with the requirement, shall be admissible in evidence before the board as prima facie proof that the party or the representative has failed to comply with the requirement. S.M. 2020, c. 21, s. 250 . Failure to remit dues 29 Every employer, and every person acting on behalf of an employer, who fails to comply with any requirement of subsection 76(1) in the circumstances described therein commits an unfair labour practice. 29.1 [Repealed] S.M. 1996, c. 32, s. 6 ; S.M. 2000, c. 45, s. 4 . Complaint alleging unfair labour practice 30(1) Any employer, employee or other person, or any union or employers' organization, who or which alleges the commission of an unfair labour practice may file a written complaint in respect thereof with the board. Undue delay 30(2) The board may refuse to accept a complaint filed under subsection (1) where, in the opinion of the board, the complainant unduly delayed in filing the complaint after the occurrence, or the last occurrence, of the alleged unfair labour practice. Disposition of complaint 30(3) Where the board accepts a complaint filed under subsection (1), the board may (a) refer the complaint to a representative of the board for purposes of subsection (4); or (b) proceed directly to hold a hearing into the alleged unfair labour practice; or (c) at any time decline to take further action on the complaint. Duties of board representative 30(4) A representative of the board to whom a complaint is referred under clause (3)⁠(a) shall (a) inquire into the alleged unfair labour practice; (b) endeavour to effect a settlement of the complaint between the parties thereto and any other person, union or employers' organization affected by the alleged unfair labour practice; and (c) report to the board (i) the results of the inquiry, and (ii) where applicable, whether the alleged unfair labour practice has been settled to the satisfaction of every person, union or employers' organization affected thereby. Results of settlement 30(5) Where a complaint alleging an unfair labour practice has been settled, whether through the endeavours of a board representative or otherwise, the board may issue in respect of the settlement a consent order in accordance with subsection 140(9); and every party named in the consent order which fails to comply with the terms thereof commits an unfair labour practice. Board hearing 31(1) Where a complaint alleging an unfair labour practice has not been settled or where the board is proceeding under clause 30(3)⁠(b), the board may hold a hearing into the alleged unfair labour practice. Interim order 31(2) The board may adjourn any hearing under this section on such terms and conditions as it deems fit and may, in furtherance of the objectives of this Act or to prevent hardship to any party to the hearing, make one or more of the orders referred to in clauses (4)⁠(a) to (i) on an interim basis, and on such terms and conditions as it deems fit, pending a final determination of the complaint. Findings of board 31(3) After the conclusion of a hearing under this section, the board shall decide (a) whether any party to the hearing has committed an unfair labour practice; and (b) where the board finds that a party has committed an unfair labour practice, whether or not any person has suffered diminution of income or other employment benefits, or any other loss, by reason of the unfair labour practice, and the amount of any such diminution of income or other employment benefits or other loss. Remedies for unfair labour practice 31(4) Where the board finds that a party to a hearing under this section has committed an unfair labour practice it may, as it deems reasonable and appropriate and notwithstanding the provisions of any collective agreement, (a) order a party which is an employer to reinstate in employment any employee whose employment has been terminated by reason of the unfair labour practice; or (b) order any party which is an employer to employ any person who has been refused employment by reason of the unfair labour practice; or (c) order any party which is a union to reinstate as a member of the union any person whose membership in the union has been terminated by reason of the unfair labour practice; or (d) order the party to pay to any person referred to in clause (3)⁠(b) an amount in compensation for the diminution of income or other employment benefits or other loss suffered by the person; or (e) where the unfair labour practice interfered with the rights of any person under this Act but the person has not suffered any diminution of income or other employment benefits or other loss by reason of the unfair labour practice, order the party to pay to the person an amount not exceeding $2,000.; or (f) where the unfair labour practice interfered with the rights of a union, employer or employers' organization under this Act, whether or not the union, employer or employers' organization has suffered any loss by reason of the unfair labour practice, order the party to pay to the union, employer or employers' organization an amount not exceeding $2,000.; or (g) order the party to cease and desist any activity or operation which constitutes the unfair labour practice; or (h) order the party to rectify any situation resulting from the unfair labour practice; or (i) order the party to do, or refrain from doing, anything that is equitable to be done or refrained from in order to remedy any consequence of the unfair labour practice; or (j) do two or more of the things set out in clauses (a) to (i). Effect of other proceedings 31(5) The board may make an order against any party to a proceeding under this section whether or not the party has been convicted of an offence under any other Act of the Legislature or of Parliament, or has been sued for general or special damages or both, in respect of the act or omission which constitutes the unfair labour practice. Unfair labour practice not offence 31(6) An unfair labour practice is not an offence. Freedom of speech 32(1) Nothing in this Act deprives any person of his freedom to express his views if he does not use intimidation, coercion, threats, or undue influence or interfere with the formation or selection of a union. Right of employer to suspend, discharge, etc. 32(2) Except as expressly provided herein, nothing in this Act affects the right of an employer to suspend, transfer, lay-off, or discharge an employee for proper and sufficient cause. Rights against trespassers preserved 33(1) Subject to sections 21 and 22, nothing in this Part curtails, abridges or affects the rights of an employer who is in lawful possession of land or premises to recover damages from, or to obtain any other remedy against, a trespasser. Disruption of operations 33(2) Nothing in this Part authorizes any person to disrupt the ongoing operation of an employer's workplace by attempting, during the working hours of an employee at the workplace, to persuade the employee (a) to become, or continue to be; or (b) to refrain from becoming or continuing to be; a member of a union. PART II CERTIFICATION AND BARGAINING RIGHTS Right to apply for certification 34(1) A union seeking to be certified as the bargaining agent for employees in a proposed unit appropriate for collective bargaining may, subject to this Act and the regulations, apply to the board for certification as the bargaining agent for employees in the proposed unit. Where application may be made at any time 34(2) Subject to subsection 35(3) and any regulation under clause 141(1)⁠(d), where no collective agreement in respect of the employees in a unit is in force and no bargaining agent has been certified under this Act for employees in the unit, an application for certification as bargaining agent for the employees in the unit may be made at any time. Application where bargaining agent previously certified 35(1) Where no collective agreement in respect of the employees in a unit is in force but a bargaining agent has been certified under this Act for employees in the unit, no application for certification as bargaining agent for employees in the unit shall be made by another union until (a) after the expiry of 12 months from the date on which the bargaining agent was certified; or (b) after the expiry of 12 months from the date on which any court proceedings arising from the certification of the bargaining agent have been concluded; whichever is the later, or (c) the certification of the bargaining agent is cancelled. Restrictions on applications for certification 35(2) Where a collective agreement in respect of the employees in a unit is in force, no application for certification as bargaining agent for employees in the unit shall be made by another union (a) during the first six months after the date on which the collective agreement became effective; or (b) during the last three months of the term of the collective agreement; or (c) where the collective agreement is for a term of 18 months or less, except during the three months immediately preceding the last three months of the term of the collective agreement; or (d) where the collective agreement is for a term of more than 18 months, except during the three months immediately preceding any anniversary of the date on which the collective agreement became effective or during the three months immediately preceding the last three months of the term of the collective agreement; or (e) where the collective agreement (i) is for a term of one year, and (ii) provides that it will continue to be effective for a further term of one year, or for successive terms of one year each, unless one of the parties thereto gives to each of the other parties thereto notice of termination thereof, or notice of a desire to bargain collectively with a view to the renewal or revision thereof or to the conclusion of a new collective agreement, except during the three months immediately preceding the three months preceding any date on which the collective agreement may be terminated. Application after termination of agreement 35(3) Where a collective agreement has terminated and the parties thereto have either after the termination of the agreement or within three months before the termination of the agreement, bargained collectively with one another with a view to the renewal or revision of the collective agreement or the conclusion of a new collective agreement, no application for certification of a bargaining agent for employees in a unit affected by the collective agreement shall be made until after 90 days after the termination of the agreement except (a) by the bargaining agent which was a party to the collective agreement; or (b) with the consent of that bargaining agent. Further restriction on applications for certification 35(4) Where the provisions of a collective agreement affecting employees in a unit have been settled by the board under section 87, no application for certification as bargaining agent for employees in the unit shall be made by a union during the term of that collective agreement. No application during first six months of work stoppage 35(5) Where (a) the employees in a unit are lawfully on strike; or (b) the employees in the unit are lawfully locked out by their employer; no union shall apply to the board to be certified as the bargaining agent for those employees within six months from the date of the commencement of the strike or lockout; and thereafter an application by a union to be certified as the bargaining agent for those employees shall be made only with the consent of the board. Composition of unit during strike or lockout 35(6) Where, after obtaining the consent of the board under subsection (5), a union applies to the board to be certified as the bargaining agent for the employees in a unit, for the purposes of the application and the holding of a vote in connection with the application, unless in the opinion of the board there are compelling industrial relations reasons to the contrary, only those employees (a) who on the day immediately preceding the date the strike or lockout commenced were in the unit and on the payroll of the employer; and (b) who, in the opinion of the board, have a continuing interest in the outcome of the strike or lockout; shall be deemed to be the employees in the unit. Notice to show cause as to change of bargaining agent 36(1) Where within fewer than 30 days from the date of giving notice to commence collective bargaining, a collective agreement is renewed or revised or replaced by a new collective agreement, on the application of (a) employees affected by the renewed, revised or new agreement; or (b) any person on behalf of the employees; the board, in its absolute discretion and notwithstanding subsection 35(2), may require the parties to the renewed, revised or new agreement, or any of them, to show cause why a union which is not a party to the renewed, revised or new agreement should not be permitted to apply to be certified as the bargaining agent for those employees in place of the union which is a party to the renewed, revised or new agreement. Hearing and order 36(2) Upon receipt of an application under subsection (1) the board shall (a) fix a date, time and place for the hearing of the application; (b) give reasonable notice of the date, time and place so fixed to the applicant and the parties to the renewed, revised or new agreement; and (c) on the date, time and place so fixed, hear those persons notified under clause (b); and after considering the evidence adduced before it, the board may make such order with respect to the matter as it considers just and reasonable. Application with consent of board 37 Notwithstanding section 35, where the board is of the opinion that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application for certification of a bargaining agent for employees in the unit at a time other than as authorized under section 35, and that it is not reasonable in the circumstances that the employees or the employer, as the case may be, should suffer that damage or loss, the board may receive and consider an application for the certification of a bargaining agent for the employees in the unit at any time. Joint applications 38 Two or more unions may join in an application for certification as bargaining agent for the employees in a proposed unit appropriate for collective bargaining; and the provisions of this Act relating to an application by one union and all matters or things arising therefrom apply in respect of that application and those unions as if the application were made by one union. Determination of appropriate unit 39(1) Where a union applies to be certified as bargaining agent for the employees in a proposed unit and the board is satisfied upon a preliminary examination of the material filed and a review of other available facts that the matters stated in support of the application are substantially true, it shall determine whether the proposed unit in respect of which the application is made is appropriate for collective bargaining. Powers of board on determination of unit 39(2) In determining whether a proposed unit is appropriate for collective bargaining, the board, if it deems it appropriate to do so, may alter the description of the proposed unit and (a) include additional employees or classes of employees; or (b) exclude employees or classes of employees; or (c) create two or more units appropriate for collective bargaining; or do any two or more of those things. Professional employees in unit 39(3) The board shall not include professional employees practising a profession in a unit with employees who are not professional employees practising that profession unless it is satisfied that a majority of the professional employees practising that profession wish to be included in the unit; and the board may take such steps as it deems appropriate to determine whether the professional employees wish to be included in the unit. Interim certification 39(4) If a union has applied for certification and the board is satisfied that any dispute about the composition of the proposed unit cannot affect the union's right to certification, the board may certify the union as the bargaining agent for the unit on an interim basis pending its determination of the composition of the unit. Either party may then give notice to commence collective bargaining under section 60. Once the board determines the composition of the unit, it shall issue a final certificate to the union certifying it as the bargaining agent for the employees in the unit. Time not to run until final certificate 39(5) Where the board certifies a union on an interim basis under subsection (4), the time period referred to in subsection 35(1) does not begin to run until the date of final certification. S.M. 1996, c. 32, s. 7 ; S.M. 2000, c. 45, s. 5 ; S.M. 2016, c. 16, s. 2 ; S.M. 2024, c. 35, Sch. D, s. 2 . Representation vote or dismissal 40(1) Subject to this Part, when the board receives an application for certification and is satisfied that the employees were not subject to intimidation, fraud, coercion or threat and that, at the time the application was filed: (a) more than 50% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall certify the union as the bargaining agent for employees in the unit; (b) at least 40% but 50% or fewer of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall conduct a vote by secret ballot of the employees in the unit in accordance with section 48; (c) fewer than 40% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall dismiss the application. Board may determine voting constituency 40(1.1) On receiving an application for certification, if the board has not as yet determined the unit that is appropriate for collective bargaining, the board may determine the voting constituency to be used for the vote mentioned in subsection (1) and, in doing so, shall take into account (a) the description of the proposed bargaining unit included in the application for certification; and (b) the description, if any, of the bargaining unit that the employer proposes. Representation vote in displacement application 40(2) Notwithstanding subsection (1), where a union is the bargaining agent for employees in a unit and another union applies to the board to be the certified bargaining agent for those employees, if the union which is the bargaining agent does not consent to or objects to the certification of the other union as the bargaining agent of those employees and the board is satisfied that, as at the date of the application, 45% or more of the employees in the unit wished to have the applicant union represent them as their bargaining agent, the board shall conduct a vote among the employees in the unit in accordance with section 48. Certification or dismissal based on result 40(3) Where, pursuant to a vote held in accordance with section 48, the result indicates (a) that the majority of employees in the unit found appropriate for collective bargaining who voted on the issue wish the applicant union to represent them as their bargaining agent, the board shall certify the union as the bargaining agent for the employees in the unit; or (b) that fewer than a majority of the employees in the unit found appropriate for collective bargaining who voted on the issue wish the applicant union to represent them as their bargaining agent, the board shall dismiss the application for certification. S.M. 1992, c. 43, s. 6 ; S.M. 1996, c. 32, s. 8 ; S.M. 2000, c. 45, s. 6 ; S.M. 2016, c. 16, s. 3 ; S.M. 2024, c. 35, Sch. D, s. 3 . Discretionary certification for unfair labour practice 41 Where a union applies for certification as the bargaining agent for employees in a unit which the board determines is appropriate for collective bargaining and (a) the board is satisfied that the employer, or any person acting on behalf of the employer, has committed an unfair labour practice as a result of which the true wishes of the employees are not likely to be ascertained; and (b) the union has evidence of membership support adequate, in the opinion of the board, for purposes of collective bargaining; the board may, notwithstanding section 40, certify the union as the bargaining agent for the employees in the unit. Employees employed by two or more employers 42 Where a union applies to be certified as bargaining agent for employees in a proposed unit for collective bargaining, if the unit includes employees of two or more employers, the board shall not certify the union as the bargaining agent for the employees in the unit unless the board is satisfied that it might certify the union under this Act as the bargaining agent for those employees in the unit who are employees of each of the employers if a separate application for that purpose were made by the union in respect of the employees of each of the employers. Employer influence 43 Where, in the opinion of the board, the administration, management or policy of a union is (a) influenced by an employer to the extent that the fitness of the union to act as bargaining agent for employees in collective bargaining is impaired; or (b) dominated by the employer; an agreement entered into between that union and the employer shall be deemed not to be a collective agreement for the purposes of this Act, and the board shall not certify that union as a bargaining agent for employees of that employer. Effect of certification 44 Subject as otherwise provided herein, where a union is certified under this Act as the bargaining agent for the employees in a unit (a) the union immediately replaces any other bargaining agent for employees in the unit, and has exclusive authority to bargain collectively on behalf of employees in the unit and, subject to subsection 69(1), to bind them by a collective agreement until the certification of the union in respect of employees in the unit is cancelled; (b) if another union has previously been certified as bargaining agent for employees in the unit, the certification of that other union is cancelled in respect of those employees; and (c) if, at the time of certification, a collective agreement binding on, or entered into on behalf of, employees in the unit is in force (i) the bargaining agent which is a party to the agreement on behalf of the employees thereafter has no rights or authority under the agreement or by virtue of this Act, (ii) the union is substituted as a party to the agreement in place of the bargaining agent which is a party to the agreement on behalf of employees in the unit to the extent that the wording and context of the agreement permits, and (iii) the union may, notwithstanding anything in the agreement, apply to the board for authority to terminate the agreement upon three months notice to the employer, and the board may grant such authority. Wishes of employees 45(1) Evidence that an employee is a member of the union as at the date of the filing of an application for certification shall, subject to subsection (4), be conclusively deemed to be evidence of the employee's wish to have the union represent the employee as his or her bargaining agent as at that date. Minimum membership requirements 45(2) A person is a member of a union for the purpose of an application by the union for certification if (a) the person has joined the union within six months before the date on which the application for certification was made, by making application for membership in the union; or (b) the person was, on the day six months before the day on which the application for certification was made, a member of the union; and prior to the date of the application for certification the person has not terminated his or her membership in the union by taking reasonable and unequivocal steps to do so, or the membership of the person has not been terminated or suspended by the union. Determination of union membership 45(3) Where the board is satisfied that a union has an established practice of admitting persons to membership without regard to the eligibility requirements of its charter, constitution or by-laws, the board, in determining whether a person is a member of the union, shall not consider those eligibility requirements. Information to be provided to employee 45(3.1) A union, or a person acting on behalf of a union, that solicits the support of an employee for an application for certification shall, at the time of the solicitation, provide the employee with information respecting the amount payable, or that is reasonably expected to be payable, by a member of the union for any initiation fees and regular membership dues. Proof of information provided 45(3.2) Proof of compliance with subsection (3.1) may consist of the signature of the employee on a statement that the employee has been provided with information respecting (a) any initiation fees and regular membership dues of the union; or (b) where any such initiation fees and regular membership dues are not determined, the manner in which the initation fees and membership dues are determined; and that the employee understands the information. Board power re solicitation of membership 45(4) Where a union applies to the board to be certified as the bargaining agent for employees in a unit and the board is satisfied that, in the solicitation of memberships, the union or an person acting on behalf of the union (a) engaged in or committed acts of intimidation, fraud or coercion, or threatened to impose a pecuniary or any other penalty, to compel or induce a person to become a member of the union; or (b) failed to comply with subsection (3.1); the board (c) may, in a case under clause (a), dismiss the application or order a vote to determine the wishes of the employees in the unit; and (d) shall not, in a case under clause (b), accept the membership of an employee in the union as evidence of the wish of the employee to have the union represent the employee as bargaining agent, where the employee did not receive information in accordance with subsection (3.1). Examination and inquiries by board 45(5) The board may, for the purpose of determining whether employees in a unit on the date of a certification application were members of the union, make or cause to be made examinations of records and other inquiries as it deems necessary, including the holding of hearings, and may prescribe the nature of the evidence to be furnished to the board. Board not to disclose membership evidence 45(6) The records of a union relating to membership or any records which may disclose whether a person is or is not a member of a union produced in a proceeding before the board are for the exclusive use of the board and its representatives; and no person shall, except with the consent of the board, disclose any such records or be compelled to disclose whether a person is or is not a member of a union. S.M. 1992, c. 43, s. 7 . Board may requisition report on appropriateness, etc. 46(1) In any certification proceeding, the board may assign a representative of the board to gather relevant information and to prepare a report for the board related to any one or more of (a) the appropriateness of the unit; or (b) the employer's operations; or (c) the facts based on which the constitutional jurisdiction of the board may be determined. Use of report 46(2) Where a report has been prepared under subsection (1), the board shall supply copies thereof to all parties; and the report is admissible in evidence in the certification proceeding as prima facie proof of its contents. Representative not compellable 46(3) Nothing in this section makes the person who prepares a report under subsection (1) a compellable witness in the certification proceeding. Standing of employer on certification application 47(1) For the purpose of a determination by the board of the appropriateness of a unit for collective bargaining, or for the conduct of a vote, an employer may provide the board with information, and where required by the board to provide information, the employer shall do so; but an employer has no status in the determination by the board of the wishes of employees in the unit. Standing of employee on certification application 47(2) Any employee in a unit proposed by a union or determined by the board to be appropriate for collective bargaining may file an objection to an application for certification by the union on the ground that there was intimidation, fraud, or coercion, or the threatened imposition of a pecuniary or any other penalty, by the union or any person acting on behalf of the union, involved in the solicitation of union memberships. Votes 48(1) The board may, in any certification proceeding, for purposes of satisfying itself as to the wishes of employees in a unit or in a proposed unit or as to the wishes of professional employees practising a profession in a unit or a proposed unit, order that a vote or such votes as it deems advisable be taken among the employees or among the professional employees, as the case may be. Procedure on votes 48(2) Where the board conducts or orders a vote under this Part, it shall (a) describe the unit or proposed unit for the purposes of taking the vote and, where necessary, the professional employees in the unit or proposed unit practising each separate profession; and (b) make such arrangements and give such directions as it considers necessary for the proper conduct of the vote, including the preparation of ballots, the method of casting and counting ballots, and the custody and sealing of ballot boxes. Vote within seven days 48(3) A vote under subsection 40(1) shall be held within seven days after the day on which the application for certification is filed with the board. Board's power to extend time 48(4) Despite subsection (3), the board may extend the time for taking a vote, if the board is satisfied that exceptional circumstances exist warranting an extension of the time. Computation of time 48(5) For the purposes of subsections (3) and (4), the period of time shall be computed not including holidays and days during which the offices of the board are not open to accept documents that may be or are required to be filed. S.M. 1996, c. 32, s. 9 . Electioneering on voting day 48.1(1) Where the board conducts or orders a vote under this Part, an employer or union or any person acting on behalf of an employer or union who, on the day of the vote, at the place of work or polling place, (a) distributes printed material; or (b) engages in electioneering; for the purpose of influencing the vote, commits an unfair labour practice. Electioneering by other persons 48.1(2) Any person, other than a person referred to in subsection (1), who does anything that would be an unfair labor practice under subsection (1) if done by an employer or union is guilty of an offence. S.M. 1992, c. 43, s. 8 . Application for cancellation or termination by employee 49(1) An employee claiming to represent a majority of the employees in a unit represented by a bargaining agent may, subject to this section, apply to the board (a) to cancel the certification of the bargaining agent, if it is the certified bargaining agent for the unit; or (b) to terminate the bargaining rights of the bargaining agent, if it has not been certified. Time for application 49(2) An application under subsection (1) may be made at any time that an application may be made under section 35, in which case that section shall, with necessary modifications, apply to the application. Exceptional cases 49(3) Notwithstanding subsection (2), where the board is satisfied that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application made by an employee in the unit to cancel the certification of the bargaining agent representing the employees or terminate the bargaining rights of the bargaining agent representing the employees, and that it is not reasonable in the circumstances that the employees or their employer, as the case may be, should suffer that damage or loss, the board may receive and consider an application under subsection (1) at any time. Dismissal of application to cancel, etc. 50(1) If the board is satisfied that fewer than 50% of the employees in the unit represented by the bargaining agent support an application made under section 49, the board shall dismiss the application. Ordering a vote 50(2) If the board is satisfied that 50% or more of the employees in the unit represented by the bargaining agent support an application made under section 49, the board shall conduct a vote in accordance with subsection 48(2). Dispensing with vote 50(3) Notwithstanding subsection (2), where the bargaining agent does not oppose an application made under section 49, and the board is satisfied that more than 50% of the employees in the unit support the application, the board may dispense with a vote and (a) where the bargaining agent is certified, cancel the certification; or (b) where the bargaining agent is not certified, terminate the bargaining rights; of the bargaining agent. Board's discretion to dismiss 50(4) Notwithstanding subsection (2), and notwithstanding that the board is satisfied that 50% or more of the employees in the unit support an application made under section 49, the board may dismiss the application without a vote if the board is satisfied that, at a time when the employer and the bargaining agent were obliged under this Act to bargain collectively in good faith and to make every reasonable effort to conclude a collective agreement, the bargaining agent made such efforts in good faith but the employer failed or refused to make such efforts in good faith, with the result that, in the opinion of the board, the collective bargaining process has been frustrated. Disposition of application after vote 51 Where the result of a vote held under section 50 indicates that, of the employees in the unit who vote, (a) 50%, or fewer than 50%, support an application under section 49, the board shall dismiss the application; or (b) more than 50% no longer wish to be represented by a certified bargaining agent, the board shall cancel the certification of the bargaining agent; or (c) more than 50% no longer wish to be represented by a bargaining agent which has not been certified, the board shall terminate the bargaining rights of the bargaining agent. Cancellation of certification where fraud 52 Where a union has been certified as bargaining agent for employees in a unit, if (a) upon an application made to the board by (i) any employee in the unit, or (ii) the employer of the employees, or (iii) any union which appeared before the board when the bargaining agent was certified; or (b) after a hearing held by the board on its own motion; the board is satisfied (c) that the certification was obtained by the fraud of the union which was certified; and (d) that the evidence to support the finding in clause (c) (i) was not and could not, by the exercise of reasonable diligence, have been presented to the board in the certification proceeding, and (ii) is such that the board would have refused to certify the union as bargaining agent for employees in the unit if the evidence had been presented to it in the certification proceeding; the board may cancel the certification of the bargaining agent. Cancellation for abandonment 53(1) Where, after the expiry of 12 months from the date of certification of a bargaining agent for a unit, or after the expiry of 12 months from the date on which any court proceeding arising from the certification has been concluded, whichever is later, the board is satisfied on the application of any employee in the unit, or on its own motion, that the bargaining agent has failed to exercise its bargaining rights, the board may cancel the certification of the bargaining agent. Employer request for investigation 53(2) An employer may request the board to investigate whether a certified bargaining agent has failed to exercise its bargaining rights, and, following the investigation, the board may proceed in accordance with subsection (1). Effect of cancellation of certification, etc. 54 Where the certification of a bargaining agent for a unit is cancelled by the board, or the bargaining rights of a bargaining agent for a unit are terminated by the board, the employer of the employees in the unit, notwithstanding any other provision of this Act, is not required to bargain collectively with that bargaining agent in respect of that unit, and subject to clause 44(c) any collective agreement in force and effect between the parties with respect to that unit is terminated. PART III SUCCESSOR RIGHTS Merger, etc. of bargaining agent 55(1) Where, in a proceeding before the board or on application by the union concerned, the board is satisfied that a union is, by reason of a merger, amalgamation or transfer of jurisdiction, the successor of any union which, at the time of the merger, amalgamation, or transfer of jurisdiction, was a bargaining agent, the board may (a) declare that the successor has, or has not, acquired the rights, privileges and obligations under this Act of its predecessor; or (b) dismiss the application. Successor rights and obligations 55(2) Where the board makes an affirmative declaration under subsection (1), for the purposes of this Act, the successor union acquires the rights, privileges and obligations of its predecessor under this Act or under a collective agreement or otherwise, and, without limiting the generality of the foregoing, (a) the successor becomes the bargaining agent for the employees in any unit for which the predecessor was the bargaining agent; (b) the successor is bound by any collective agreement which, on the date of the merger, amalgamation or transfer of jurisdiction, was binding on the predecessor with respect to employees in that unit; (c) the successor becomes the applicant in any certification proceeding commenced by the predecessor on or before the date of merger, amalgamation, or transfer of jurisdiction, and may, subject to this Act, be certified by the board as the bargaining agent for the unit in respect of which the application was made; and (d) the successor union becomes, or is entitled to become, a party to any other proceedings taken under this Act, including proceedings under a collective agreement, which are pending on the date on which the merger, amalgamation, or transfer of jurisdiction takes place to which the predecessor union was, or was entitled to be, a party. Effective date of declaration 55(3) A declaration made under subsection (1) shall have effect from a time, before or after the date of the application, determined by the board. Sale of business 56(1) Subject to subsection (2), where an employer sells the employer's business to another person, for the purposes of this Act, the person to whom the business is sold acquires the rights, privileges and obligations of the predecessor employer under this Act or under a collective agreement or otherwise and, without limiting the generality of the foregoing, (a) any union which is the bargaining agent for any of the employees employed in the business continues to be the bargaining agent for those employees; (b) a union which, on or before the date on which the business was sold, applied for certification for a proposed unit which includes any employees employed in the business may, subject to this Act, be certified by the board for the unit found appropriate by the board; (c) the person to whom the business is sold is bound by any collective agreement which was, on the date on which the business was sold, applicable to any of the employees employed in the business; and (d) the person to whom the business is sold becomes, or is entitled to become, a party to any proceeding taken under this Act, including any proceeding under a collective agreement, which is pending on the date on which the business is sold, to which the predecessor employer was, or was entitled to be, a party. Amending certificate, etc. where intermingling 56(2) Where (a) an employer sells the employer's business; (b) at the time of the sale, a union is bargaining agent for any of the employees employed in the business, or a union has made an application described in clause (1)⁠(b); and (c) the employees of the predecessor employer are intermingled with employees of the person to whom the business is sold; and whether or not those employees, were, on the day the business was sold, members of a unit represented by a bargaining agent; the board may, on application by any bargaining agent affected by the intermingling or on its own motion, (d) determine whether the employees affected constitute one or more units appropriate for collective bargaining; (e) determine which union shall be the bargaining agent for the employees in each such unit and, if the board considers it necessary or advisable to do so, it may order a vote to determine the wishes of the employees in the unit or units it considers appropriate, and if it does so, subsections 48(2) and (3) apply with necessary modifications; (f) amend, to the extent the board considers necessary, any certificate issued to a bargaining agent, or, if there is no certificate, any provision in a collective agreement which describes the scope of the unit covered by the collective agreement; (g) prescribe such modifications or restrictions as the board considers necessary or advisable to the operation or effect of any of the provisions of any collective agreement which is, at the time of the sale, binding on any of the employees in the units determined to be appropriate under clause (d), taking into account the extent to which and the fairness with which those provisions have been or could be applied to the employees affected (i) in order to remove any inconsistencies or conflicts between two or more collective agreements or resulting from the intermingling, and (ii) in order to define or re-define the seniority rights under a collective agreement of the employees affected by the sale; (h) give any further direction the board considers necessary or advisable as to the interpretation or application of a collective agreement affecting the employees in a unit affected by the sale; and (i) declare that any determination, amendment, prescription or direction under clauses (d) to (h) shall have effect from a time, before or after an application under this subsection is made, as determined by the board.