(1) Where 2 or more trade unions have applied under section 357 in relation to the same bargaining unit, the Labour Commissioner shall carry out a secret poll among employees in the bargaining unit and, in accordance with section 361, shall certify as the recognized bargaining agent for the bargaining unit the trade union which is shown by the secret poll to have the greatest support among the employees in the bargaining unit, where the total sum of the votes cast exceed 50% of the bargaining unit.
(2) Where the results of the secret poll under subsection (1) show a tie and the combined votes exceed 50% of the bargaining unit and joint representation is not requested by the trade unions, a second secret poll shall be carried out within 7 days unless extended for good cause by the Labour Commissioner.
(3) Where the results of the second secret poll under subsection (2) show a tie and the combined votes exceeds 50% of the bargaining unit and joint representation is not requested by the trade unions, no trade union shall bring a further application for certification until a period of 6 months has elapsed since the taking of the second secret poll.