32. During the eleventh month preceding the expiry date of a collective agreement made under section 47, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the Commission of his election respecting one of the associations indicated on the list contemplated in section 29.
The election is made by secret ballot held under the supervision of a representative of the Commission, as prescribed by regulation of the Government.
The voting period begins on the first Monday of the eleventh month preceding the expiry date of the collective agreement made under section 47 and ends 21 days later, that is, on the closing date for receiving the ballot papers.
The Commission must designate an independent presiding officer to supervise the poll. A representative of the Commission acts as returning officer, assisted by the necessary personnel.
Any dispute relating to the poll must be decided by the presiding officer within 30 days of the end of the poll. The presiding officer’s decision is final.
An employee who is entitled to make an election, but has not expressed it in accordance with this section, is deemed, for the purposes of sections 33, 35 and 38, to have elected for the association in favour of which the employee already made an election in the cases provided by this Act, provided that the name of that association is published in accordance with section 29.
A person who does not qualify as an independent member under the fourth paragraph of section 3.2 may not be designated to act as presiding officer.
1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 7; 1993, c. 61, s. 17; 1996, c. 74, s. 33; 2011, c. 30, s. 22.