39. Of its own motion during its investigation and at any time upon request by an interested party, the labour commissioner may decide if a person is an employee or a member of an association, if he is included in the bargaining unit, and any other matters relating to certification.
In either case, the labour commissioner may request a certification agent to make an investigation. Such certification agent shall draw up a report of his findings and send it to the parties. If the parties accept in writing the report of the certification agent, the commissioner may decide on the basis of the investigator’s report alone without having to call the parties for a hearing.
R. S. 1964, c. 141, s. 30; 1969, c. 47, s. 17; 1977, c. 41, s. 1, s. 24.