Decertification

A certification may be revoked by the Administrative Labour Tribunal within certain time periods specified under the Code. This includes if the association either ceased to exist or no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified. The revocation of a certification prevents the renewal of the collective agreement made by the decertified association and automatically deprives it of its rights and advantages thereunder. Although an employee included in a bargaining unit or an interested employee association are considered to be "interested parties" in representation matters, an employer may request that the Administrative Labour Tribunal determine whether an association still exists or whether it still has majority support. However, an employer is denied any right to lead evidence on the issue of employee support for the union.