46. It shall be the duty of the Commission, upon the motion of an interested party, to dispose of any matter relating to the application of sections 45 to 45.3. For that purpose, the Commission may, in particular, determine the applicability of those sections.
The Commission may also, upon the motion of an interested party, settle any difficulty arising out of the application of those sections and of their effects in the manner it considers the most appropriate. To that end, the Commission may, in particular, render any decision necessary for the implementation of an agreement reached by the interested parties on the description of the bargaining units and on the designation of an association to represent the group of employees to whom the bargaining unit described in the agreement applies or on any other question of common interest.
Where two or more associations of employees are concerned by the application of sections 45 and 45.3, the Commission may also, to the same end,
(1) grant or amend a certification;
(2) certify the association of employees that includes the absolute majority of the employees or hold a secret ballot in accordance with the provisions of section 37 and, consequently, certify the association that has obtained the greatest number of votes in accordance with the provisions of section 37.1;
(3) describe or modify a bargaining unit;
(4) merge bargaining units and, where two or more collective agreements apply to the employees of the new employer included in a bargaining unit resulting from the merger, determine the collective agreement that remains in force and make any modification or adaptation to the provisions of the collective agreement it considers necessary.
The merger of bargaining units entails the merger, if any, of the employees’ seniority lists to which they applied, according to the rules determined by the Commission governing the employees’ integration.
Where the operation of an undertaking is transferred to another during certification proceedings, the Commission may decide that the transferring employer and the transferee are successively bound by the certification.
The Commission may also, on the motion of an interested party filed not later than the thirtieth day following the effective date of the transfer of the operation of part of an enterprise and where it considers that the transfer was carried out for the main purpose of hindering the formation of an association of employees or undermining the continued integrity of a certified association of employees:
(1) set aside the application of the third paragraph of section 45 and render any appropriate decision to facilitate the application of the second paragraph of the said section;
(2) set aside the application of subparagraph 1 of the first paragraph of section 45.2 and determine that the new employer remains bound by the collective agreement referred to in the second paragraph of section 45 until the date fixed for its expiration.
R. S. 1964, c. 141, s. 37; 1969, c. 47, s. 24; 1969, c. 48, s. 20; 1977, c. 41, s. 1; 1990, c. 69, s. 2; 2001, c. 26, s. 33; 2003, c. 26, s. 6.