(1) Where only one trade union has applied for certification under section 357, and the employer has communicated his or her agreement to recognize the trade union as the bargaining agent under section 360, the Labour Commissioner shall certify the trade union.
(2) Where only one trade union has applied for certification under section 357 and the employer doubts that the trade union is entitled to be recognized as the bargaining agent for the bargaining unit under section 360, the Labour Commissioner shall carry out a secret poll among a bargaining unit and shall certify the trade union if the result of the secret poll show that the majority of workers within the bargaining unit voted in favour of the trade union.
(3) Where the results of the secret poll under subsection (2) show that the trade union does not have a majority of votes cast, the trade union involved or any other trade union shall not bring an application for certification to the Labour Commissioner until a period of 3 months has elapsed.