39. Any employee shall not file a new application for revocation of certification in respect of the same bargaining unit until six months have elapsed from the date on which a previous application was rejected.

• 40. (1) A complaint must include

  • (a) the name, postal and email addresses and telephone and fax numbers of the complainant and of their counsel or representative, if applicable;

  • (b) the name, postal and email addresses and telephone and fax numbers of any person who may be affected by the complaint;

  • (c) a reference to the provision of the Code under which the complaint is being made;

  • (d) full particulars of the facts, relevant dates and grounds for the complaint;

  • (e) a copy of supporting documents for the complaint;

  • (f) the date and description of any order or decision of the Board relating to the complaint;

  • (g) an indication as to whether a hearing is being requested and, if so, the reasons for the request;

  • (h) a description of the order or decision sought;

  • (i) the date on which the complainant knew of the action or circumstances giving rise to the complaint; and

  • (j) particulars of the measures taken, if any, to have the complaint referred to arbitration under a collective agreement or the reasons why the arbitration did not take place.

• (2) A complaint in which a violation of paragraph 95(f) or (g) of the Code is alleged must describe the manner in which the conditions set out in subsection 97(4) of the Code have been met.

41. In addition to the information required for an application made under section 33, an application for the declaration of an invalid strike or lockout vote made under subsection 87.3(4) or (5) of the Code must include

• (a) a statement of the applicant stating the alleged irregularities in the conduct of the vote which affected the outcome of the vote; and

• (b) the date on which the results of the vote were announced.

• 42. (1) An application made by an employer for a declaration of an unlawful strike under section 91 of the Code must include

  • (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their counsel or representative, if applicable;

  • (b) the name, postal and email addresses and telephone and fax numbers of any trade union and, if applicable, any employee against whom an order is specifically sought, to be referred to as the respondents;

  • (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order;

  • (d) a description of the general nature of the employer’s business;

  • (e) the address of the employer’s establishments affected by the application;

  • (f) full particulars of the facts, relevant dates and grounds for the application;

  • (g) a copy of supporting documents for the application;

  • (h) the date and description of any order or decision of the Board relating to the application;

  • (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit;

  • (j) the number of employees in the existing bargaining unit;

  • (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

  • (l) a description of the order or decision sought.

• (2) Service on the bargaining agent or one of its officers of notice of an application referred to in subsection (1) or notice of a hearing in respect of the application constitutes service of the notice on the employees in the bargaining unit except those against whom an order is specifically sought in the application.