Section 18.1 — Canada Labour Code: Review of structure of bargaining units

On application by the employer or a bargaining agent, the Board may review the structure of the bargaining units if it is satisfied that the bargaining units are no longer appropriate for collective bargaining. If the Board reviews, pursuant to subsection (1) or section 35 or 45, the structure of the bargaining units, the Board must allow the parties to come to an agreement, within a period that the Board considers reasonable, with respect to the determination of bargaining units and any questions arising from the review; and may make any orders it considers appropriate to implement any agreement. If the Board is of the opinion that the agreement reached by the parties would not lead to the creation of units appropriate for collective bargaining or if the parties do not agree on certain issues within the period that the Board considers reasonable, the Board determines any question that arises and makes any orders it considers appropriate in the circumstances. For the purposes of subsection (3), the Board may determine which trade union shall be the bargaining agent for the employees in each bargaining unit that results from the review; amend any certification order or description of a bargaining unit contained in any collective agreement; if more than one collective agreement applies to employees in a bargaining unit, decide which collective agreement is in force; amend, to the extent that the Board considers necessary, the provisions of collective agreements respecting expiry dates or seniority rights, or amend other such provisions; if the conditions of paragraphs 89(1)(a) to (d) have been met with respect to some of the employees in a bargaining unit, decide which terms and conditions of employment apply to those employees until the time that a collective agreement becomes applicable to the unit or the conditions of those paragraphs are met with respect to the unit; and authorize a party to a collective agreement to give notice to bargain collectively.