Section 36 — Canada Labour Code: Effect of certification

Where a trade union is certified as the bargaining agent for a bargaining unit, the trade union so certified has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit; the certification of any trade union that was previously certified as the bargaining agent for any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees; the trade union so certified is substituted as a party to any collective agreement that affects any employees in the bargaining unit, to the extent that the collective agreement relates to those employees, in the place of the bargaining agent named in the collective agreement or any successor thereto; and the trade union so certified is deemed to be the bargaining agent for the purposes of paragraph 50(b). Where, pursuant to paragraph (1)(c), a trade union is substituted as a party to a collective agreement, the trade union may, within three months after the date on which it is certified as the bargaining agent for a bargaining unit affected by the collective agreement, require the employer who is a party to the collective agreement to commence collective bargaining for the purpose of renewing or revising the collective agreement or entering into a new collective agreement. Subsection (2) does not apply to a trade union certified as a result of an application made under section 24.1.