1973

(Second Session)

Request for |
tion

representat
vote,

DOUGLAS COLLEGE LIBRARY
ARCHIVES ‘
LABOUR CODE OF BRITISH COLUMBIA Cuap. 122

- mecessary or advisable upon the trade-union, and, if the conditions are
not substantially fulfilled to the satisfaction of the board within twelve
months from the dat of the certification, or within such lesser period of

'-. time as the board may order, the certification shall be deemed to be

cancelled. 1973 (2nd Sess.), c. 122, s. 43.

44. (1) Upon an application for certification, a trade-union may
request that a representation vote be taken prior to the determination,
by the board, of the appropriate bargaining unit.

(2) Upon such a request being made, the board may determine the
group of persons who may vote and, if it appears to the board on an
examination of the records of the trade-union and the records of the
employer that not less than thirty-five per cent of the employees in the
unit were members of the trade-union at the time the application was
made, the board may di.2ct that a representation vote be taken among
the employees in the unit.

(3) The board may direct that the ballot box contaicing the ballots
cast in a representation vote taken under this section be sealed and that
the ballots not be counted until the parties have been given full oppor-
tunity to present e /iccuce and make their submissions.

(4) After a representation vote has been taken under this section, the
board shall determine the unit of employees that is appropriate for collec-

. tive bargaining and, where it is satisfied that not less than thirty-five per

a cent of the employees in that bargaining unit were members of the trade-

union at the time the application was made, the representation vote taken
under this section has the same effect as a tepresentation vote under

“*:" gection 43. 1973 (2nd Sess.), c. 122,'s. 44.

‘ 45. (1) Where the board is satisfied that a majority of the employees
in the unit are members in good standing of the trade-union, or that a
majority wish to be represented by the trade-union, and that the unit is
appropriate for collective bargaining, the board shall certify the trade-
union as the bargaining agent for the employees in the unit.
“: (2) For the purpose of deciding whether or not a person is a member
_in good standing of a trade-union, the board may decide the question
‘ without regard to the constitution and by-laws of the trade-union. 1973
(2nd Sess.), c. 122, s. 45. ;

46. Where a trade-union is certified as bargaining agent for an appro-
priate bargaining unit,

(a) it has exclusive authority to bargain collectively on behalf of
the unit and to bind it by a collective agreement nna the certi-
fication is cancelled;

(b) if any other trade-union has been certified as bargaining agent
for the unit, the certification of the last-mentioned trade-union
is cancelled in respect of the unit; and

(c) if a collective agreement binding on the unit is in force at the
date of certification, the agreement remains in force; but,

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