Recognition of exclusive bargaining agents

Sect. 33. Certification.

(1) A trade union claiming to have as members in good standing a majority of the employees of an employer in a bargaining unit may, subject to the provisions of this Part, make application to the Minister to be certified as the exclusive bargaining agent for the employees in the unit.

(2) All existing trade unions which were certified as bargaining agents immediately before the coming into force of this Act shall be deemed to be certified as exclusive bargaining agents for the employees in the respective bargaining units.

(3) Where no collective agreement is in force and no trade union has been certified under this Part for the bargaining unit, the application may be made at any time.

(4) Where no collective agreement is in force but a bargaining agent has been certified under this Part for the bargaining unit, the application may be made after the expiry of twelve months from the date of certification of the bargaining agent.

(5) Where a collective agreement is in force the application may be made during the last two months of the term of the collective agreement or any renewal of it.

Sect. 34. Particulars for certification.

(1) The application referred to in section 33 shall be in writing, and shall include the following:

(a) a copy of the trade union's constitution, where the trade union is newly registered;

(b) a description of the proposed bargaining unit; and

(c) facts and documents upon which a trade union relies to demonstrate that the majority of employees in the bargaining unit wish to have the trade union certified as their exclusive bargaining agent;

(d) any other matter prescribed by regulations.

(2) A copy of the application shall be served on the employer.

Sect. 35. Appropriateness of bargaining unit.

(1) The Labour Commissioner shall on any application for certification under section 33 first determine, where necessary, the bargaining unit considered appropriate in the circumstances and in so doing the Commissioner shall have regard to

(a) the community of interest among the employees in the proposed bargaining unit;

(b) the nature and scope of the duties exercised by the employees in the proposed bargaining unit; and

(c) the views of the employer and the trade unions concerned as to the appropriateness of the bargaining unit.

(2) When making a determination under subsection (1), the Commissioner may include additional employees in or exclude employees from the bargaining unit.

Sect. 36. Granting or refusing certification.

(1) Within fourteen days of the receipt of an application under section 22, the Minister shall either:

(a) refuse to certify the trade union on the grounds that the bargaining unit identified by the trade union is not appropriate and inform all interested parties in writing of his decision;

(b) institute a poll of the unit specified, by secret ballot in the presence of the representatives of all interested parties in order to determine whether the majority of employees in the bargaining unit wish to have the trade union making the application certified as their sole and exclusive bargaining agent;

(2) After due determination as referred to in subsection 1 (b) the Minister shall within seven days after the poll has been conducted either:

(a) refuse to certify the trade union on the grounds that it has not satisfied the requirement that a majority of employees in the bargaining unit wish to have the trade union certified as their sole and exclusive bargaining agent and inform all interested parties of his decision; or

(b) shall issue his certificate to the trade union gaining the requisite majority as the bargaining agent fort that unit and shall inform all interest parties that he has done so.

(3) A trade union whose application under this part has been unsuccessful shall not be entitled to make further application to the same employer in respect of the same or substantially the same bargaining unit until the expiration of ninety days.

Sect. 37. Direct Effect of certification.

Where a trade union is certified under his Act as the exclusive bargaining agent for the employees in the bargaining unit

(a) the trade union shall replace any other trade union that was the bargaining agent for the employees in the bargaining unit before such certification and, shall have exclusive authority to bargain collectively on behalf of the employees in the bargaining unit and to bind them by a collective agreement so long as such certification remains in force;

(b) if another trade union had previously been certified or was deemed to have been certified in respect of employees in the bargaining unit, the certification of the last mentioned trade union shall be deemed to be revoked in respect of such employees;

(c) the certified trade union is substituted as a party to any collective agreement applicable to any employees in the bargaining unit in the place of the bargaining agent named in the collective agreement.

Sect. 38. Revocation of exclusive bargaining rights.

(1) Any time after one year from the certification of a trade union as the exclusive bargaining agent of a bargaining unit, any employee in that bargaining unit may apply to the Minister for the withdrawal of the certification on the basis that the majority of employees in the bargaining unit no longer wish to have the trade union as their exclusive bargaining agent.

(2) An application under subsection (1) shall be accompanied by evidence that at least sixty per cent of the employees in the bargaining unit do not wish to have the trade union as their exclusive bargaining agent.

(3) Within fourteen days of receiving an application under subsection (1) accompanied by sufficient evidence as required by subsection (2), the Minister shall conduct a representation ballot of the employees in the bargaining unit by secret ballot.

(4) After a representation vote under subsection (3), the Minister shall refuse the application unless sixty per cent of those employees in the bargaining vote against having the trade union represent the bargaining unit as the exclusive bargaining agent, in which case the Minister shall cancel the certification of the trade union.

(5) If the certification of a trade union is cancelled under this section, no trade union shall apply for certification as bargaining agent for the employees in the bargaining unit until a period of thirty days has elapsed.

(6) If the application for cancellation of the certification is refused, no one may bring a further application for decertification until a period of twelve months has elapsed.

Sect. 39. Appeal to High Court of section 36

(1) Where a trade union or an employer is dissatisfied with the conduct of a poll under section 36, the trade union or employer shall, within fourteen days after the issue of the certificate, give notice of appeal to the High Court setting out therein the grounds of the appeal.

(2) The High Court shall hear and determine the matter in summary manner and may affirm or vary the Minister's certificate, or order a count or a re-count, or make any other order it considers appropriate including an order as to costs.

(3) Any action taken or agreement made by or between the bargaining agent certified by the Minister and the employer shall be deemed to be valid up to and includiong the date of the decision of the High Court on such an appeal.

(4) A decision of the High Court under this section shall be final.

(5) In making a determination under this section, the High Court shall endeavour in its decision to promote over time a system of orderly and effective collective bargaining.

[Grenada, Labour Relations Act 1999]

Sect. 35. Right of representative trade unions to bargaining collectively

(1) Right to bargain collectively. Every trade union the rules of which authorise it to negotiate on behalf of its members, or group of trade unions acting jointly for the purposes of collective bargaining, that is sufficiently representative of the employees in a bargaining unit, shall be entitled to bargain collectively with the employer or employers' organization concerned on wages, terms and conditions of employment, relations between the parties and other matters of mutual interest.

(2) Representativeness and collective bargaining rights. A trade union or group of trade unions acting jointly -

(a) which has as members, or the support of, more than 50% of the employees in a bargaining unit, shall be entitled to bargain collectively as sole bargaining agent for the employees in the unit;

(b) which has as members, or the support of, more than 40% of the employees in a bargaining unit, shall be entitled to bargain collectively as sole bargaining agent for the employees in the unit where no other trade union or group of trade unions has as members, or the support of, at least 20% of such employees;

(c) which has as members at least 20% of the employees in a bargaining unit where no sole collective bargaining agent has been recognize d, shall be entitled to bargain collectively on behalf of its members as bargaining agent.

(3) Collective bargaining rights of a group of trade unions acting jointly. Two or more trade unions shall jointly have the rights provided in subsections (1) and (2) if they have agreed in writing to bargain together as a joint negotiating panel.

Sect. 36. Recognition by an employer or employers' organization.

(1) Application for recognition. A trade union or group of trade unions acting jointly, may apply in writing to an employer or employers' organization for recognition as a bargaining agent for its members or as a sole bargaining agent for a bargaining unit, and shall include with its application -

(a) a copy of its rules;

(b) a copy of its certificate of registration;

(c) a copy of the agreement between or among them in the case of a group of trade unions acting jointly;

(d) a description of the proposed bargaining unit;

(e) indications of the number of its members in the bargaining unit and such evidence of membership or support in the unit as it may be able to provide without identifying the names of its or their members or supporters.

(2) Receivability of application. Where another trade union or group of trade unions acting jointly is already recognize d by an employer or employers' organization or certified by the Commission as a bargaining agent or a sole bargaining agent for the proposed bargaining unit, such an application shall only be receivable if at least one year has expired since such recognition or certification.

(3) Recognition by an employer or employers' organization. The employer or employers' organization shall, within 30 days of receiving the application, transmit to the trade union or group of trade unions concerned a written reply indicating -

(a) that it recognize s the trade union or group of trade unions as the bargaining agent for its members or as the sole bargaining agent for all employees in the bargaining unit; or

(b) that it refuses to recognize the trade union or group of trade unions as a bargaining agent or sole bargaining agent, and if so, whether it refuses recognition because -

(i) it does not agree with the definition of the bargaining unit;

(ii) it is not satisfied that the trade union or group of trade unions have the required membership or support;

(iii) of other reasons.

(4) Transmittal of copies of application and reply to the Commission. A copy of the application for recognition by the trade union or group of trade unions and of the reply of the employer or employers organization shall be transmitted to the Commission by the party from which each originates.

(5) Publication of application and reply. The Commission shall cause summaries of the application and reply to be published on three consecutive days in two daily newspapers.

(6) Application to Commission by another trade union or group of trade unions. Where a trade union or group of trade unions acting jointly, with members in the bargaining unit concerned, contests the representativeness of the party applying for recognition or the definition of the bargaining unit for which such recognition was requested, it may apply to the Commission, within 30 days of the last date of the publication prescribed in subsection (5), for a determination of the question in accordance with section 37.

Sect. 37. Certification by Commission.

(1) Application to Commission for certification as bargaining agent.

(a) If the employer or employers' organization refuses to recognize a trade union or group of trade unions acting jointly as a collective bargaining agent or fails to reply within the prescribed time limit, that trade union, federation or group of trade unions may apply to the Commission within 30 days of the last date of the publication prescribed by section 36(5), for certification as either a bargaining agent for its members or as a sole bargaining agent for all employees in the bargaining unit.

(b) On receipt of such application or of an application under section 36(6), the Commission shall cause a summary of the application to be published on three consecutive days in two daily newspapers.

(c) Any other trade union or group of trade unions acting jointly that considers itself to be equally or more representative of the employees concerned may apply to the Commission for certification within 15 days of the publication prescribed by (b).

(2) Determination of bargaining unit.

(a) Factors to be considered in the determination. The Commission shall determine the bargaining unit it considers appropriate in the circumstances, having regard inter alia to -

(i) the community of interest among the employees in the proposed unit;

(ii) the community of interest among the employers in the proposed unit;

(iii) the views of the trade union or group of trade unions submitting the application and any other trade union concerned, and of the employer or employers' organization concerned, as to the appropriateness of the bargaining unit;

(iv) the advisability of ensuring that bargaining units are as broad as is consistent with the proper representation of the interests of each party and with effective collective bargaining, so that collective bargaining is not unnecessarily fragmented.

(b) Level of the bargaining unit. A bargaining unit may be established at the level that is most appropriate having regard to the factors referred to in (a), such as a workplace, an enterprise, several enterprises, an industrial sector or several industrial sectors and may be based on occupational characteristics or include different occupations.

(3) Determination of representativeness.

(a) After having determined the bargaining unit, the Commission shall determine whether the trade union or group of trade unions acting jointly, and any other such organization or organizations requesting certification, have the membership or support in the bargaining unit required by section 35(2) for them to be recognize d either as a bargaining agent for its members or as a sole bargaining agent for all employees in the bargaining unit.

(b) For the purpose of the determination mentioned in (a), the Commission may proceed to verify the membership records of the trade union or trade unions concerned and any other evidence of support and/or, where it deems appropriate, hold a ballot of the employees in the bargaining unit to determine whether the required support exists.

(4) Notification of determination to parties. After having made the determination referred to in subsection (3), and within 60 days of the receipt of an application referred to in subsection (1), the Commission shall, by written notification to the parties concerned, -

(a) certify the trade union or group of trade unions acting jointly as the bargaining agent for its members in the bargaining unit;

(b) certify the trade union or group of trade unions acting jointly as the sole bargaining agent for all employees in the bargaining unit;

(c) refuse to certify the trade union or group of trade unions as bargaining agent or sole bargaining agent on the ground that it does not have the representativeness required.

Sect. 38. Effects of recognition and certification.

Where a trade union, federation of trade unions or group of trade unions acting jointly -

(a) is recognize d by an employer or employers' organization under section 36 and no other trade union or group of trade unions acting jointly has applied to the Commission within the time limits set by section 36(6) for a determination under section 37; or

(b) has been certified by the Commission as a bargaining agent or sole bargaining agent -

that trade union, federation of trade unions or group of trade unions shall replace any other trade union, federation of trade unions or group of trade unions acting jointly that had previously been so recognize d or certified as the bargaining agent for the employees concerned.

Sect. 39. Revocation of recognition or certification as bargaining agent and variation of the bargaining unit.

(1) Where a trade union or group of trade unions has been recognized or certified as a bargaining agent or sole bargaining agent for employees in a bargaining unit, another trade union or group of trade unions acting jointly having at least 25 percent of the employees in the bargaining unit as paid up members, or the employer or employers' organization concerned, may apply to the Commission for revocation of the recognition or certification on the ground that the trade union or group of trade unions concerned has ceased to have or never had the representativeness required for recognition or certification or on the ground that the bargaining unit has ceased to be appropriate.

(2) No application under subsection (1) may be made before one year has expired since the date of recognition or certification.

(3) Where an application is made under subsection (1), the Commission shall determine the application in accordance with section 37.
...

Sect. 41. Appeal to Tribunal

A trade union, group of trade unions, employer or employers' organization aggrieved of a decision of the Commission to -

(a) certify or refuse to certify a trade union, federation of trade unions or group of trade unions acting jointly as a bargaining agent or a sole bargaining agent;

(b) revoke or refuse to revoke the recognition or certification of such trade union, federation of trade unions or group of trade unions;

(c) include or refuse to include an organization in an industrial council,

may apply to the Tribunal on questions of law within 30 days of receiving the decision."

[ILO draft provisions for a Member country]

Representatives and elections. (a) Exclusive representatives .

Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment...

(1) Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board

(a) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees

(i) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in subsection (a) of this section, or

(ii) assert that the individual or labor organization, which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in subsection (a) of this section; or

(b) by an employer, alleging that one or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in subsection (a) of this section;

the Board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results

...

(3) No election shall be directed in any bargaining unit or any subdivision within which in the preceding twelve-month period, a valid election shall have been held. .In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.

(4) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the Board.

...

(e) Secret ballot; limitation of elections

(i) Upon the filing with the Board, by 30 per centime or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization made pursuant to section 158(a)(3) of this title, of a petition alleging they desire that such authority be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof to such labor organization and to the employer.

(ii) No election shall be conducted pursuant to this subsection in any bargaining unit or any subdivision within which, in the preceding twelve-month period, a valid election shall have been held."

[United States of America, 29 U.S.C. § 159]

Application for Certification

Sect. 24. (1) A trade union seeking to be certified as the bargaining agent for a unit that the trade union considers constitutes a unit appropriate for collective bargaining may, subject to this section and any regulations made by the Board under paragraph 15(e), apply to the Board for certification as the bargaining agent for the unit.

...

Duty to certify trade union

Sect. 28. Where the Board:

(a) has received from a trade union an application for certification as the bargaining agent for a unit,

(b) has determined the unit that constitutes a unit appropriate for collective bargaining, and

(c) is satisfied that, as of the date of the filing of the application or of such other date as the Board considers appropriate, a majority of the employees in the unit wish to have the trade union represent them as their bargaining agent,

the Board shall, subject to this Part, certify the trade union making the application as the bargaining agent for the bargaining unit.

Representation vote

Sect. 29. (1) The Board may, in any case, for the purpose of satisfying itself as to whether employees in a unit wish to have a particular trade union represent them as their bargaining agent, order that a representation vote be taken among the employees in the unit.

...

Mandatory vote

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(2) Where a trade union applies for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, and the Board is satisfied that not less than thirty-five per cent and not more than fifty per cent of the employees in the unit are members of the trade union, the Board shall order that a representation vote be taken among the employees in the unit.

...

Conduct of vote

Sect. 30. (1) Where the Board orders that a representation vote be taken among employees in a unit, the Board shall

(a) determine the employees that are eligible to vote; and

(b) make such arrangements and give such directions as the Board considers necessary for the proper conduct of the representation vote, including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes.

Choice

...

(2) Where the Board orders that a representation vote be taken on an application by a trade union for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, the Board shall include on the ballots a choice whereby an employee may indicate that he does not wish to be represented by any trade union named on the ballots.

Exception

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(3) Notwithstanding subsection (2), where the employees in a unit have cast ballots in favour of all trade unions involved in a representation vote totalling more than fifty per cent of all the ballots cast but have not given majority support to one trade union in that vote and, as a result, a second or subsequent representation vote is required, the Board shall not be required to include the choice referred to in subsection (2) in the ballots for the second or subsequent vote.

Result of representation vote

Sect. 31.

(1) Subject to subsection (2), the Board shall determine the result of a representation vote on the basis of the ballots cast by the majority of employees voting.

(2) Where, on considering the result of a representation vote, the Board determines that less than thirty-five per cent of the employees who are eligible to vote have voted, the Board shall determine that the representation vote is void.

(3) A vote by the majority of the employees voting in a representation vote is evidence that a majority of employees in the unit in respect of which the vote was ordered are of the opinion expressed in the vote of the majority of employees voting.

Council of trade unions

Sect. 32. (1) Where two or more trade unions have formed a council of trade unions, the council so formed may apply to the Board for certification as the bargaining agent for a unit in the same manner as a trade union.

Certification of council of trade unions

(2) The Board may certify a council of trade unions as the bargaining agent for a bargaining unit where the Board is satisfied that the requirements for certification prescribed by or pursuant to this Part have been met.

...

Designation of employers' organization

Sect. 33. (1) Where a trade union applies for certification as the bargaining agent for a unit comprised of employees of two or more employers who have formed an employers' organization, the Board may designate the employers' organization to be the employer if it is satisfied that each of the employers forming the employers' organization has granted appropriate authority to the employers' organization to enable it to discharge the duties and responsibilities of an employer under this Part.

...

Effect of certification

Sect. 36. (1) Where a trade union is certified as the bargaining agent for a bargaining unit,

(a) the trade union so certified has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit;

(b) 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;

(c) 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

(d) the trade union so certified is deemed to be the bargaining agent for the purposes of paragraph 50(b).

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Just cause requirement

Sect. 36.1. (1) During the period that begins on the date of certification and ends on the date on which a first collective agreement is entered into, the employer must not dismiss or discipline an employee in the affected bargaining unit without just cause.

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Revocation of Certification and Related Matters

Application for revocation of certification

Sect. 38. (1) Where 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.

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Application for order that bargaining agent not entitled to represent bargaining unit

...

(3) Where 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.

...

Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit

Sect. 39. (1) Where, on receipt of an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, and after such inquiry by way of a representation vote or otherwise as the Board considers appropriate in the circumstances, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, the Board shall, subject to subsection (2), by order,

(a) in the case of an application made under subsection 38(1), revoke the certification of the trade union as the bargaining agent for the bargaining unit; or

(b) in the case of an application made under subsection 38(3), declare that the bargaining agent is not entitled to represent the employees in the bargaining unit.

Limitation

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(2) Where no collective agreement applicable to a bargaining unit is in force, no order shall be made pursuant to paragraph (1)(a) in relation to the bargaining agent for the bargaining unit unless the Board is satisfied that the bargaining agent has failed to make a reasonable effort to enter into a collective agreement in relation to the bargaining unit.

Application where fraud

Sect. 40. (1) Where a trade union has been certified as the bargaining agent for a bargaining unit,

(a) any employee in the bargaining unit,

(b) the employer of the employees in the bargaining unit, or

(c) 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.

Revocation of certification for fraud

...

(2) 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

(a) was not and could not, by the exercise of reasonable diligence, have been presented to it in the certification proceeding; and

(b) 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.

Application for revocation of certification of a council of trade unions

Sect. 41. (1) Where a council of trade unions has been certified as the bargaining agent for a bargaining unit, in addition to any circumstances in which an application for revocation of the certification of the council of trade unions may be made pursuant to section 38 or subsection 40(1), any employee in the bargaining unit, the employer of the employees in the bargaining unit or a trade union that forms part of the council of trade unions may apply to the Board for revocation of the certification on the ground that the council of trade unions no longer meets the requirements for certification of a council of trade unions.

Revocation of certification of a council of trade unions

...

(2) Where an application for revocation of certification is made under subsection (1), the Board may, by order, revoke the certification of the council of trade unions if, in the opinion of the Board, the council of trade unions no longer meets the requirements for certification of a council of trade unions.

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Effect of revocation or declaration

Sect. 42. Where the Board makes an order under section 39, subsection 40(2) or section 41 revoking the certification of a trade union or council of trade unions, or declaring that a trade union is not entitled to represent the employees in a bargaining unit,

(a) any collective agreement between the trade union or council of trade unions and the employer of the employees in the bargaining unit that applies to the bargaining unit ceases to have effect from the time the order is made or from such later time as the Board considers appropriate; and

(b) the employer shall not bargain collectively, or enter into a collective agreement with the trade union or council of trade unions, for a period of one year from the date of the order, unless the trade union or council of trade unions is certified by the Board under this Part during that period as the bargaining agent for a bargaining unit comprised of employees of the employer.

Successor Rights and Obligations

Mergers, etc., of trade unions

Sect. 43. (1) Where, by reason of a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions, a trade union succeeds another trade union that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor shall be deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise.

Board may determine questions

(2) Where, on a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions, any question arises concerning the rights, privileges and duties of a trade union under this Part or under a collective agreement in respect of a bargaining unit or an employee therein, the Board, on application to it by a trade union affected by the merger, amalgamation or transfer of jurisdiction, shall determine what rights, privileges and duties have been acquired or are retained.

Inquiry and votes

(3) Before determining, pursuant to subsection (2), what rights, privileges and duties of a trade union have been acquired or are retained, the Board may make such inquiry or direct that such representation votes be taken as it considers necessary.

[Canada, Labour Code]