(1) Any time after one year from the certification of a trade union as the exclusive bargaining agent for a bargaining unit, any employee in that bargaining unit may apply to the Labour Commissioner for the withdrawal of the certification on the basis that the majority of employees in the bargaining unit no longer wish to have the trade union as their exclusive bargaining agent.
(2) An application under subsection (1), shall be accompanied by evidence that a substantial number of employees in the bargaining unit do not wish to have the trade union as their exclusive bargaining agent.
(3) Within 30 days of receiving an application under subsection (1), accompanied by evidence as required by subsection (2), the Labour Commissioner shall conduct a secret poll of the employees in the bargaining unit.
(4) After a secret poll conducted under subsection (3), the Labour Commissioner shall grant the application made under subsection (1), if more than 50% of those employees in the bargaining unit vote against having the trade union represent the bargaining unit as the exclusive bargaining agent, in which case the Labour Commissioner shall cancel the certification of the trade union and the trade union shall not bring a further application for certification until a period of 6 months has elapsed.
(5) If the application for cancellation of the certification is refused, no one shall bring a further application for the cancellation of the certification until a period of 6 months has elapsed.