Common use of Harassment and Assault Grievances Clause in Contracts

Harassment and Assault Grievances. 9.8,1 Cases of harassment and assault shall be considered as discrimination, and shall be eligible to proceed as grievances. 9.8,2 Where the alleged harasser or assailant is the person who would normally deal with the first step of such grievances, the grievance shall automatically be sent forward to the next step. The grievant may use her/his discretion in determining which step in Article 22 the grievance shall begin the Grievance Procedure at. 9.8,3 The Employer agrees to keep all written documents related to sexual harassment grievances in a secure, locked place. 9.8,4 No information relating to the grievant's personal background, lifestyle, or mode of dress shall be admissible during the grievance or arbitration process. 9.8,5 If the grievant requests that contact in her/ his work area with the alleged harasser or assailant be limited or discontinued during the period of consideration of the grievance, the Employer shall comply with the request. Where there is any detriment to be suffered respecting job classification, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. 9.8,6 In any arbitration case arising in the context of any discipline imposed for alleged harassment conduct or assault involving another Bargaining Unit employee (the respondent) the arbitrator is hereby expressly empowered to direct that the respondent be transferred away from the place of work or time of work of the person found to have been sexually harassed or assaulted by the respondent. Such transfer shall be designed to only affect the respondent insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. The arbitrator may direct a transfer of the respondent without regard to the respondent's seniority.

Harassment and Assault Grievances. 9.8,1 9. 8, 1 Cases of harassment and assault shall be considered as discrimination, and shall be eligible to proceed as grievances. 9.8,2 9. 8, 2 Where the alleged harasser or assailant is the person who would normally deal with the first f i rst step of such grievances, the grievance shall automatically be sent forward to the next step. The grievant may use her/her/ his discretion in determining which step in Article 22 the grievance shall begin the Grievance Procedure at. 9.8,3 9. 8, 3 The Employer agrees to keep all written documents related to sexual harassment grievances in a secure, locked place. 9.8,4 9. 8, 4 No information relating to the grievant's ' s personal background, lifestyle, or mode of dress shall be admissible during the grievance or arbitration process. 9.8,5 9. 8, 5 If the grievant requests that contact in her/ his work area with the alleged harasser or assailant be limited l imited or discontinued during the period of consideration of the grievance, the Employer shall comply with the request. Where there is any detriment to be suffered respecting job classification, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. 9.8,6 9. 8, 6 In any arbitration case arising in the context of any discipline imposed for alleged harassment conduct or assault involving another Bargaining Unit employee (( the respondent) the arbitrator is hereby expressly empowered to direct that the respondent be transferred t ransferred away from f rom the place of work or time t ime of work of the person found to have been sexually harassed or assaulted by the respondent. Such transfer shall be designed to only affect the respondent insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. The arbitrator may direct a transfer t ransfer of the respondent without regard to the respondent's ' s seniority.

Harassment and Assault Grievances. 9.8,1 9. 8, 1 Cases of harassment and assault shall be considered as discrimination, and shall be eligible to proceed as grievances. 9.8,2 9. 8, 2 Where the alleged harasser or assailant is the person who would normally deal with the first step of such grievances, the grievance shall automatically be sent forward referred to the next stepan alternative excluded manager. The grievant may use her/his discretion in determining which step in Article 22 the grievance shall begin choose to start the Grievance Procedure atat Step 2. 9.8,3 9. 8, 3 The Employer agrees to keep all written documents related to sexual harassment grievances in a secure, locked place. 9.8,4 9. 8, 4 No information informat ion relating to the grievant's ' s personal background, lifestyle, or mode of dress shall be admissible during the grievance or arbitration process. 9.8,5 9. 8, 5 If the grievant requests that contact in her/ his their work area with the alleged harasser or assailant be limited or discontinued during the period of consideration considerat ion of the grievance, the Employer shall comply with the request. Where there is any detriment to be suffered respecting job classificationclassif ication, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment det r iment shall fall upon the respondent and not other members of the Bargaining Unit. 9.8,6 9. 8, 6 In any arbitration arbitrat ion case arising in the context of any discipline imposed for alleged harassment conduct or assault involving another Bargaining Unit employee (the respondent) the arbitrator arbitrat or is hereby expressly empowered to direct that the respondent be transferred away from the place of work or time t ime of work of the person found to have been sexually harassed or assaulted by the respondent. Such transfer t ransfer shall be designed to only affect the respondent insofar as that is possible and where there is any detriment to be suffered respecting job classificationclassif ication, seniority, wages, etc., in order to achieve an effect only upon the t he respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. The arbitrator may direct a transfer t ransfer of the respondent without wit hout regard to the respondent's ' s seniority.

Harassment and Assault Grievances. 9.8,1 Cases of harassment and assault shall be considered as discrimination, and shall be eligible to proceed as grievances. 9.8,2 . Where the alleged harasser or assailant is the person who would normally deal with the first step of such grievances, the grievance shall automatically be sent forward to the next step. The grievant may use her/his discretion in determining which step in Article 22 the grievance shall begin the Grievance Procedure at. 9.8,3 . The Employer agrees to keep all written documents related to sexual harassment grievances in a secure, locked place. 9.8,4 . No information relating to the grievant's personal background, lifestyle, or mode of dress shall be admissible during the grievance or arbitration process. 9.8,5 . If the grievant requests that contact in her/ his work area with the alleged harasser or assailant be limited or discontinued during the period of consideration of the grievance, the Employer shall comply with the request. Where there is any detriment to be suffered respecting job classification, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. 9.8,6 . In any arbitration case arising in the context of any discipline imposed for alleged harassment conduct or assault involving another Bargaining Unit employee (the respondent) the arbitrator is hereby expressly empowered to direct that the respondent be transferred away from the place of work or time of work of the person found to have been sexually harassed or assaulted by the respondent. Such transfer shall be designed to only affect the respondent insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. The arbitrator may direct a transfer of the respondent without regard to the respondent's seniority. Sexual assault shall be defined as any form of intentional sexual contact forced upon another person without that person's consent that affects a person's sexual integrity and/or dignity.

Harassment and Assault Grievances. 9.8,1 Cases of harassment and assault shall be considered as discrimination, and shall be eligible to proceed as grievances. 9.8,2 . Where the alleged harasser or assailant is the person who would normally deal with the first step of such grievances, the grievance shall automatically be sent forward to the next step. The grievant may use her/his discretion in determining which step in Article 22 the grievance shall begin the Grievance Procedure at. 9.8,3 . The Employer agrees to keep all written documents related to sexual harassment grievances in a secure, locked place. 9.8,4 . No information relating to the grievant's personal background, lifestyle, or mode of dress shall be admissible during the grievance or arbitration process. 9.8,5 . If the grievant requests that contact in her/ his work area with the alleged harasser or assailant be limited or discontinued during the period of consideration of the grievance, the Employer shall comply with the request. Where there is any detriment to be suffered respecting job classification, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. 9.8,6 . In any arbitration case arising in the context of any discipline imposed for alleged harassment conduct or assault involving another Bargaining Unit employee (the respondent) the ,arbitrator is hereby expressly empowered to direct that the respondent be transferred away from the place of work or time of work of the person found to have been sexually harassed or assaulted by the respondent. Such transfer shall be designed to only affect the respondent insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., in order to achieve an effect only upon the respondent, such detriment shall fall upon the respondent and not other members of the Bargaining Unit. The arbitrator may direct a transfer of the respondent without regard to the respondent's seniority. Sexual assault shall be defined as any form of intentional sexual contact forced upon another person without that person's consent that affects a person's sexual integrity and/or dignity.