Section 38 — Canada Labour Code: Application for revocation of certification

If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order revoking the certification of that trade union. An application for an order pursuant to subsection (1) may be made in respect of a bargaining agent for a bargaining unit, where a collective agreement applicable to the bargaining unit is in force, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24 unless the Board consents to the making of the application for the order at some other time; and where no collective agreement applicable to the bargaining unit is in force, at any time after a period of one year from the date of certification of the trade union. If a collective agreement applicable to a bargaining unit is in force but the bargaining agent that is a party to the collective agreement has not been certified by the Board, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order declaring that the bargaining agent is not entitled to represent the employees in the bargaining unit. An application for an order pursuant to subsection (3) may be made in respect of a bargaining agent for a bargaining unit, during the term of the first collective agreement that is entered into by the employer of the employees in the bargaining unit and the bargaining agent, at any time during the first year of the term of that collective agreement, and thereafter, except with the consent of the Board, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24;

and in any other case, except with the consent of the Board, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24. An application under subsection (1) or (3) must not, except with the consent of the Board, be made in respect of the bargaining agent for employees in a bargaining unit during a strike or lockout of those employees that is not prohibited by this Part.