176.9. The Commission, after being seized of an application pursuant to section 176.6 or 176.7, shall render a decision within 180 days from the date of the coming into force of the order.
The Commission’s decision may, in particular, address a matter relating to the inclusion of persons in or the exclusion of persons from a bargaining unit.
Before rendering a decision, the Commission shall allow the interested parties to make representations in the manner it considers appropriate. The Commission is not bound to call the parties to a hearing.
The municipality and the association of employees having presented an application for certification in respect of the group of employees covered by a bargaining unit are the interested parties in relation to any matter concerning the description of the bargaining unit or the persons it covers.
In rendering a decision, the Commission is bound by any agreement under section 176.2. Subject to the first paragraph of section 176.5, the Commission must, however, ascertain the representativeness of the associations having presented an application, by a vote by secret ballot which may be held using an electronic voting system. Where there is only one association having presented an application, the Commission shall certify that association unless the Commission considers it necessary to first verify its representativeness by holding a vote by secret ballot or a vote using an electronic voting system, in particular where at least 40% of the employees in the bargaining unit the Commission considers appropriate were not represented by a certified association on the date of coming into force of the order.
The Commission may, having regard to the circumstances and the interests of the parties, extend the time period provided for in the first paragraph.
2000, c. 27, s. 3; 2001, c. 25, s. 146; 2001, c. 26, s. 151.