41. A labour commissioner may, at the time fixed in paragraph b.1, c, d or e of section 22 or, if such is the case, in section 111.3, cancel the certification of an association that
(a) has ceased to exist, or
(b) no longer comprises the absolute majority of the employees of the bargaining unit for which it was certified.
Notwithstanding the third paragraph of section 32, an employer may, within the delay provided for in the preceding paragraph, request the labour commissioner to examine whether the association still exists or whether it still represents the absolute majority of the employees belonging to the bargaining unit for which it was certified.
A certification agent responsible for examining the representative nature of the association shall send a copy of his report to the petitioner, the association and the employer. The latter persons and association may contest the report by stating their reasons in writing to the labour commissioner-general or the labour commissioner to whom the matter has been referred, as the case may be, within ten days of receiving the report, failing which a decision may be rendered without calling the parties for a hearing.
R. S. 1964, c. 141, s. 32; 1969, c. 47, s. 19; 1969, c. 48, s. 17; 1977, c. 41, s. 1, s. 26; 1978, c. 52, s. 1; 1983, c. 22, s. 23; 1994, c. 6, s. 3.