(2) Notwithstanding subsection (1) of this section, the Employment Relations Board shall rule that a contract will not be given the effect of barring an election if it finds that:
(a) Unusual circumstances exist under which the contract is no longer a stabilizing force; and
(b) An election should be held to restore stability to the representation of employees in the unit.
(3) A petition for an election where a contract exists must be filed not more than 90 calendar days and not less than 60 calendar days before the end of the contract period. If the contract is for more than three years, a petition for election may be filed any time after three years from the effective date of the contract. [1973 c.536 §9; 1999 c.572 §1; 2007 c.833 §2]