Section 40 — Canada Labour Code: Application where fraud

Where a trade union has been certified as the bargaining agent for a bargaining unit, any employee in the bargaining unit, the employer of the employees in the bargaining unit, or any trade union that appeared before the Board in the certification proceeding, that alleges that the certification was obtained by the fraud of the trade union so certified, may apply to the Board, at any time, for revocation of the certification. On receipt of an application under subsection (1) in respect of a trade union certification as the bargaining agent for a bargaining unit, the Board shall, by order, revoke the certification of the trade union as the bargaining agent for the bargaining unit if the Board is satisfied that the evidence in support of the application was not and could not, by the exercise of reasonable diligence, have been presented to it in the certification proceeding;

and is such that the Board would have refused to certify the trade union as the bargaining agent for the bargaining unit if the evidence had been presented to it in the certification proceeding.