Common use of Harassment and Workplace Conflict Clause in Contracts

Harassment and Workplace Conflict. The Company recognizes the right of employees to work in an environment free from harassment. All employees are to treat others with courtesy and respect and to discourage harassment. Violation of this principle as covered by this article may be dealt with by way of disciplinary sanctions up to and including dismissal. 19.09.01 Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment creates an intimidating, threatening, coercive, or hostile work environment such that an individual's (a) work performance is impaired; (b) employment relationship is adversely affected, or; (c) dignity is denied. 19.09.02 Harassment is not to be construed as properly discharged management responsibilities such as the delegation of work assignments, the assessment of discipline or other activities that does not undermine the dignity of the individual. No employee covered by this agreement will be lawfully interfered with, coerced, or discriminated against by the Company, its officers or agents, because of lawful activity on behalf of the Union; or for failure to act upon a directive which is illegal or contrary to any provision of the Collective Agreement. 19.09.03 The workplace is defined as any Company facilities and includes areas such as offices, shop floors, rest rooms, cafeterias, lockers, conference rooms, and parking lots. Harassment between employees that occurs outside of the aforementioned areas and which has a substantial workplace impact may also be subject to this policy. 19.09.04 Harassment may be further understood as follows: 19.09.04.01 Human Rights Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome based on the protected groups in the Canadian Human Rights Act. Those protected groups (or prohibited grounds of harassment) are as follows: race/colour, religion, disability (including dependence on alcohol or drugs), age, sex, marital status, sexual orientation, national or ethnic origin and pardoned conviction. 19.09 04.01.02 Sexual Harassment may be any singular or repeated comment, gesture, contact, or conduct of a sexual nature that ought reasonably to be known to be unwelcome. Sexual harassment targets gender and includes pregnancy and childbirth. Such conduct is usually one sided and coercive, may be overt or implicit, and may include: ▪ Sexual innuendo (perhaps in the guise of humour) ▪ Touching or patting ▪ Sexually suggestive remarks or other verbal abuse about gender ▪ Demands for sexual favours ▪ Leering or compromising invitations ▪ Physical assault ▪ Implied or actual threats directed at the victim targeting their personal safety or employment ▪ Offensive material or language whether written or visual such as graffiti or degrading pictures ▪ Placing a condition of a sexual nature on employment such as rewards, avoidance or punishment, or opportunities for training, transfers or promotion. 19.09.04.02 Personal Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome. This is often referred to as bullying and results in a poisoned work environment for the victim. The following are examples of personal harassment, but are not meant to cover all potential incidents. ▪ Derogatory or practical jokes that cause awkwardness or embarrassment ▪ Harassment because of political affiliation ▪ Harassment due to place of residence (i.e. receipt of public assistance) ▪ Offensive literature ▪ Hazing or initiation activities ▪ Degrading comments ▪ Ostracizing or shunning employee's ▪ Other activities that have an adverse impact upon a person's or group's dignity, or that create an intimidating, hostile, or offensive atmosphere. 19.09.04.03 Where harassment complaints are determined to be frivolous, vindictive, or vexatious action may be taken against the complainant or appropriate parties.

Harassment and Workplace Conflict. The Company recognizes the right of employees to work in an environment free from harassment. All employees are to treat others with courtesy and respect and to discourage harassment. Violation of this principle as covered by this article may be dealt with by way of disciplinary sanctions up to and including dismissal. 19.09.01 . Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment creates an intimidating, threatening, coercive, or hostile work environment such that an individual's (a) work performance is impaired; (b) employment relationship is adversely affected, or; (c) dignity is denied. 19.09.02 . Harassment is not to be construed as properly discharged management responsibilities such as the delegation of work assignments, the assessment of discipline or other activities that does not undermine the dignity of the individual. No employee covered by this agreement will be lawfully interfered with, coerced, or discriminated against by the Company, its officers or agents, because of lawful activity on behalf of the Union; or for failure to act upon a directive which is illegal or contrary to any provision of the Collective Agreement. 19.09.03 . The workplace is defined as any Company facilities and includes areas such as offices, shop floors, rest rooms, cafeterias, lockers, conference rooms, and parking lots. Harassment between employees that occurs outside of the aforementioned areas and which has a substantial workplace impact may also be subject to this policy. 19.09.04 . Harassment may be further understood as follows: 19.09.04.01 : Human Rights Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome based on the protected groups in the Canadian Human Rights Act. Those protected groups (or prohibited grounds of harassment) are as follows: race/colour, religion, disability (including dependence on alcohol or drugs), age, sex, marital status, sexual orientation, national or ethnic origin and pardoned conviction. 19.09 04.01.02 Sexual Harassment may be any singular or repeated comment, gesture, contact, or conduct of a sexual nature that ought reasonably to be known to be unwelcome. Sexual harassment targets gender and includes pregnancy and childbirth. Such conduct is usually one sided and coercive, may be overt or implicit, and may include: ▪ Sexual innuendo (perhaps in the guise of humour) ▪ Touching or patting ▪ Sexually suggestive remarks or other verbal abuse about gender ▪ Demands for sexual favours ▪ Leering or compromising invitations ▪ Physical assault ▪ Implied or actual threats directed at the victim targeting their personal safety or employment ▪ Offensive material or language whether written or visual such as graffiti or degrading pictures ▪ Placing a condition of a sexual nature on employment such as rewards, avoidance or punishment, or opportunities for opportunitiesfor training, transfers or promotion. 19.09.04.02 . Personal Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome. This is often referred to as bullying and results in a poisoned work environment for the victim. The following are examples of personal harassment, but are not meant to cover all potential incidents. ▪ Derogatory or practical jokes practicaljokes that cause awkwardness or embarrassment ▪ Harassment because of political affiliation ▪ Harassment due to place of residence (i.e. receipt of public assistance) ▪ Offensive literature ▪ Hazing or initiation activities ▪ Degrading comments ▪ Degradingcomments Ostracizing or shunning employee's ▪ Other activities that have an adverse impact upon a person's or group's dignity, or that create an intimidating, hostile, or offensive atmosphere. 19.09.04.03 . Where harassment complaints are determined to be frivolous, vindictive, or vexatious action may be taken against the complainant or appropriate parties. Harassment is one of the most sensitive issues in the workplace. Because of this, a complaint procedure must be flexible, confidential, apply to all situations, available to everyone, and provide a mechanism for investigation. All harassment complaints will be investigated in a prompt, confidential and impartial manner until such time as they are resolved. Breaches of confidentiality may be subject to discipline. Any employee who believes they are the victim of harassment is encouraged to report the matter. Retaliation in any form against a complainant or a witness in a harassment investigation is unacceptable and may be subject to discipline. In any instance of retaliation, management is responsiblefor ensuring corrective action is taken, up to and including dismissal. All information concerning the complaint will be kept confidential, and all reasonable steps will be taken by the company and the union to ensure this happens. However, should the matter not be resolved through this Article and proceed to arbitration or a human rights tribunal, the investigators report may be subject to subpoena and become part of the public record. No information concerning the complaint will be placed on the file of any witness unless it is confirmed that a witness has given false testimony or has acted in a vindictive manner. The complainant will have the option of starting the investigation process at Stage Ior Stage The informal conflict resolution process will not be utilized to investigate and resolve Human Rights Harassment. An employee who believes they have a potential complaint of harassment should make their objection known to the alleged harasser and is 'encouraged to resolve the matter wherever possible on an informal basis. The employee may chose to ask for the help of their local manager or Union representative to facilitate a meeting between, the parties. In an environment of confidentiality, the manager Union representative will outline the complaint procedure, the definition of harassment, and discuss various possible courses of action with the parties in order to resolve the matter quickly and appropriately. At any point the complainant, management or the CAW may decide to discontinue the informal process and escalate the matter to Stage While the informal conflict resolution process will not assign formal responsibility for the conflict, management may need to address inappropriate behaviour on the part of individuals involved in the dispute, and that future incidents of inappropriate conduct may result in discipline and the more formal investigation process of Stage Stage resolutions should be completed within two weeks from the date of the initial complaint. When complaints are resolved at this stage the Company and Union will keep a brief summary of the conflict and its resolution for a period of one year from the date of the complaint, at which time the summary will be removed from both the company's and union's conflict resolution file. This summary is kept to document patterns of behaviour should other similar issues arise within this period regarding any of the parties in the initial complaint.

Harassment and Workplace Conflict. The Company recognizes the right of employees to work in an environment free from harassment. All employees are to treat others with courtesy and respect and to discourage harassment. Violation of this principle as covered by this article Article may be dealt with by way of disciplinary sanctions up to and including dismissal. 19.09.01 26.02.01 Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment creates an intimidating, threatening, coercive, or hostile work environment such that an individual's (a) work performance is impaired; (b) employment relationship is adversely affected, or; (c) dignity is denied. 19.09.02 26.02.02 Harassment is not to be construed as properly discharged management responsibilities such as the delegation of work assignments, the assessment of discipline or other activities that does not undermine the dignity of the individual. No employee covered by this agreement will be lawfully interfered with, coerced, or discriminated against by the Company, its officers or agents, because of lawful activity on behalf of the Union; or for failure to act upon a directive which is illegal or contrary to any provision of the Collective Agreement. 19.09.03 26.02.03 The workplace is defined as any Company facilities and includes areas such as offices, shop floors, rest rooms, cafeterias, lockers, conference rooms, and parking lots. Harassment between employees that occurs outside of the aforementioned areas and which has a substantial workplace impact may also be subject to this policy. 19.09.04 26.02.04 Harassment may be further understood as follows: 19.09.04.01 26.02.04.01 Human Rights Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome based on the protected groups in the Canadian Human Rights Act. Those protected groups (or prohibited grounds of harassment) are as follows: race/colour, religion, disability (including dependence on alcohol or drugs), age, sex, marital status, sexual orientation, national or ethnic origin and pardoned conviction. 19.09 04.01.02 00.00.00.00.00 Sexual Harassment may be any singular or repeated comment, gesture, contact, or conduct of a sexual nature that ought reasonably to be known to be unwelcome. Sexual harassment targets gender and includes pregnancy and childbirth. Such conduct is usually one sided and coercive, may be overt or implicit, and may include: ▪ Sexual innuendo (perhaps in the guise of humour) ▪ Touching or patting ▪ Sexually suggestive remarks or other verbal abuse about gender ▪ Demands for sexual favours ▪ Leering or compromising invitations ▪ Physical assault ▪ Implied or actual threats directed at the victim targeting their personal safety or employment ▪ Offensive material or language whether written or visual such as graffiti or degrading pictures ▪ Placing a condition of a sexual nature on employment such as rewards, avoidance or punishment, or opportunities for training, transfers or promotion. 19.09.04.02 Personal Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome. This is often referred to as bullying and results in a poisoned work environment for the victim. The following are examples of personal harassment, but are not meant to cover all potential incidents. ▪ Derogatory or practical jokes that cause awkwardness or embarrassment ▪ Harassment because of political affiliation ▪ Harassment due to place of residence (i.e. receipt of public assistance) ▪ Offensive literature ▪ Hazing or initiation activities ▪ Degrading comments ▪ Ostracizing or shunning employee's ▪ Other activities that have an adverse impact upon a person's or group's dignity, or that create an intimidating, hostile, or offensive atmosphere. 19.09.04.03 Where harassment complaints are determined to be frivolous, vindictive, or vexatious action may be taken against the complainant or appropriate parties.

Harassment and Workplace Conflict. The Company recognizes the right of employees to work in an environment free from harassment. All employees are to treat others with courtesy and respect and to discourage harassment. Violation of this principle as covered by this article may be dealt with by way of disciplinary sanctions up to and including dismissal. 19.09.01 26.02.01 Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment creates an intimidating, threatening, coercive, or hostile work environment such that an individual's (a) work performance is impaired; (b) employment relationship is adversely affected, or; (c) dignity is denied. 19.09.02 26.02.02 Harassment is not to be construed as properly discharged management responsibilities such as the delegation of work assignments, the assessment of discipline or other activities that does not undermine the dignity of the individual. No employee covered by this agreement will be lawfully interfered with, coerced, or discriminated against by the Company, its officers or agents, because of lawful activity on behalf of the Union; or for failure to act upon a directive which is illegal or contrary to any provision of the Collective Agreement. 19.09.03 26.02.03 The workplace is defined as any Company facilities and includes areas such as offices, shop floors, rest rooms, cafeterias, lockers, conference rooms, and parking lots. Harassment between employees that occurs outside of the aforementioned areas and which has a substantial workplace impact may also be subject to this policy. 19.09.04 26.02.04 Harassment may be further understood as follows: 19.09.04.01 26.02.04.01 Human Rights Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome based on the protected groups in the Canadian Human Rights Act. Those protected groups (or prohibited grounds of harassment) are as follows: race/colour, religion, disability (including dependence on alcohol or drugs), age, sex, marital status, sexual orientation, national or ethnic origin and pardoned conviction. 19.09 04.01.02 00.00.00.00.00 Sexual Harassment may be any singular or repeated comment, gesture, contact, or conduct of a sexual nature that ought reasonably to be known to be unwelcome. Sexual harassment targets gender and includes pregnancy and childbirth. Such conduct is usually one sided and coercive, may be overt or implicit, and may include: ▪ . Sexual innuendo (perhaps in the guise of humour) ▪ . Touching or patting ▪ . Sexually suggestive remarks or other verbal abuse about gender ▪ . Demands for sexual favours ▪ . Leering or compromising invitations ▪ . Physical assault ▪ . Implied or actual threats directed at the victim targeting their personal safety or employment ▪ . Offensive material or language whether written or visual such as graffiti or degrading pictures ▪ . Placing a condition of a sexual nature on employment such as rewards, avoidance or punishment, or opportunities for training, transfers or promotion. 19.09.04.02 Personal Harassment is defined as any course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome. This is often referred to as bullying and results in a poisoned work environment for the victim. The following are examples of personal harassment, but are not meant to cover all potential incidents. ▪ Derogatory or practical jokes that cause awkwardness or embarrassment ▪ Harassment because of political affiliation ▪ Harassment due to place of residence (i.e. receipt of public assistance) ▪ Offensive literature ▪ Hazing or initiation activities ▪ Degrading comments ▪ Ostracizing or shunning employee's ▪ Other activities that have an adverse impact upon a person's or group's dignity, or that create an intimidating, hostile, or offensive atmosphere. 19.09.04.03 Where harassment complaints are determined to be frivolous, vindictive, or vexatious action may be taken against the complainant or appropriate parties.