Common use of Harassment Clause in Contracts

Harassment. ‌ (a) For purposes of this Section, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence in order to intentionally disrupt an employee’s work environment. (b) To respect the rights of the parties involved, the complaint will be handled promptly and confidentially. (c) Should a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreement.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Harassment. (a) For purposes of this Section, "harassment" is defined as repeated malicious annoyanceconduct which humiliates, tormentingthreatens, teasingintimidates, pesteringor puts a person in fear of his/her safety. Harassment is unwanted, belittlingunwelcomed, beleaguering and uninvited behavior that demeans or verbal threats of violence threatens the individual and results in order to intentionally disrupt an employee’s a hostile work environment. (b) For the purpose of this Section, "bullying" is defined as intimidating conduct against another person, including physical contact, verbal and written assaults, including cyberbullying. (c) To respect the rights of the parties involved, the complaint will be handled promptly and confidentially. (cd) Should a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (de) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreement.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Harassment. (a) For purposes of this Section, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence in order to intentionally disrupt an employee’s work environment. (b) To respect the rights of the parties involved, the complaint will be handled promptly and confidentially. (c) Should a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources human resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committeeLocal. The committee will be authorized to request the services of the State Medication Mediation and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Harassment. (a) For purposes of this Section, "harassment" is defined as repeated malicious annoyanceconduct which humiliates, tormentingthreatens, teasingintimidates, pesteringor puts a person in fear of his/her safety. Harassment is unwanted, belittlingunwelcomed, beleaguering and uninvited behavior that demeans or verbal threats of violence threatens the individual and results in order to intentionally disrupt an employee’s a hostile work environment. (b) For the purpose of this Section, “bullying” is defined as intimidating conduct against another person, including physical contact, verbal and written assaults, including cyberbullying. (c) To respect the rights of the parties involved, the complaint will be handled promptly and confidentially. (cd) Should a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (de) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (ef) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Harassment. ‌ (a) For The Company and the Union recognize that harassment is a violation of the Ontario Human Rights Code. Harassment shall be as defined in the Code, meaning "a course of vexatious comments or conduct that is known, or ought reasonably be known, to be unwelcome”, on the basis of a prohibited ground set out in the Code, as amended. As defined in the Code every employee “has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or disability”. The Company and the Union will designate one person who will be the designated Management and Union representatives for purposes of this Sectioninvestigating allegations at the plant level. Any employee who believes that he or she has been subjected to harassment as defined above will report such concern to the designated representative(s). Any allegation will be investigated in a confidential manner and the complainant will be advised of the results of the investigation. If the employee is not satisfied with the investigation outlined above, "harassment" is defined the employee may appeal, within thirty days of the result of the investigation, to an Appeal Committee composed of one person designated by the United Steelworkers District 6 Director as repeated malicious annoyancereferenced in the Union's Policy Document re Discriminatory Harassment and one person appointed by the Company. The Committee will, tormentingas soon as possible following receipt of the written appeal, teasing, pestering, belittling, beleaguering or verbal threats of violence meet and review the facts pertaining to the allegation and interview such persons as are necessary in order to intentionally disrupt an employee’s work environment. (b) To respect the rights of the parties involved, the complaint will be handled promptly and confidentially. (c) Should a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of resolve the complaint. The meeting Nothing herein precludes or limits the employee's entitlement to pursue a complaint through the grievance procedure with regard to any disciplinary action taken against such employee. Nothing herein will include deny any employee from pursuing the complainant, a representative from Human Resources, and an ECCE representative, unless employee's complaint through the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representativeapplicable legislative procedure. It is further understood that should any complaint pursued through the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members internal procedure will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used arbitrable, nor will any documents, reports, discussion or information arising out of or during the procedures outlined herein be introduced as the sole basis for a grievance, but may be cited as an aggravating cause evidence or referred to in grieving another provision of this Agreementany other legislative procedure.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Harassment. In accordance with The Saskatchewan Employment Act (a2014) For purposes of this Sectionand The Occupational Health and Safety Regulations (1996), "harassment" harassment is strictly prohibited. Harassment is defined as repeated malicious annoyanceany inappropriate conduct, tormentingcomment, teasingdisplay, pestering, belittling, beleaguering action or verbal threats of violence in order to intentionally disrupt an employee’s work environment. (b) To respect the rights of the parties involved, the complaint will be handled promptly and confidentially. (c) Should gesture by a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint person that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followedeither: (1i) The employee will file his Is based on a prohibited ground; or (ii) adversely affects the worker’s psychological or her written complaint within 30 calendar days physical well-being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and (iii) that constitutes a threat to the health or safety of the alleged harassment in Prohibited conduct may be verbal, non-verbal, physical, deliberate or unintended, unsolicited or unwelcome, as determined by a reasonable person. It may be one incident or a series of incidents depending on the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functionscontext. (2) Within 10 work days a. All allegations of receipt harassment will be taken seriously and investigated. No person can or will be subject to any type of retaliation for reporting harassment. However, spurious or obviously unfounded allegations of harassment will also be investigated and may be subject to discipline. b. Protection against harassment extends to incidents occurring at or away from the workplace, and during or outside working hours, provided the acts are committed within the course of the complaint employment relationship. c. Harassment does not include actions occasioned through exercising in good faith the Human Resources OfficeCompany’s Managerial/Supervisory rights and responsibilities. d. This harassment policy shall be communicated to all employees through orientations, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss toolbox/safety meetings and attempt resolution of the complainttraining events. The meeting will include the complainantprovisions for seeking just remedy and restitution in an alleged case of harassment, a representative from Human Resourcesas described below in this Article, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does do not preclude the employee an Employee from filing a grievance complaint with an outside agency such as the Saskatchewan Human Rights Commission or Occupational Health and Safety in the Ministry of Labour Relations and Workplace Safety; however, an Employee shall not be entitled to duplication of process. If a complaint is filed under the Code, then that Employee shall not be entitled to the complaint process in Clauses 18.04 and 18.05 of this Article. In either event, a complaint of harassment or sexual harassment shall not form the basis of a grievance. This provision is not intended to discourage or prevent the complainant from exercising any other legal rights pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreementany other law.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Harassment. 4.03 The University and the Union do not condone and seek to prevent what may be reasonably perceived as either personal harassment in the form of verbal or non- verbal abuse or sexual harassment (which is defined as unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature) when: (a) For purposes submission to such conduct is made either explicitly or implicitly a term or condition of this Section, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence in order to intentionally disrupt an employee’s work environment.employment; (b) To respect submission to or rejection of such conduct by an employee is used as the rights of the parties involved, the complaint will be handled promptly and confidentially.basis for employment decisions affecting that employee; or (c) Should such conduct has the purpose or effect of substantially or unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment. 4.04 Complaints of harassment will normally be first dealt with, in the strictest confidence permissible under the law, as an informal complaint under the University Discrimination and Harassment Policy, under Article 9 or through any other procedures acceptable to all parties. Participation in such procedures will be without prejudice to all parties and will not prejudice the rights of employees to invoke the grievance procedure under Article 12. The Equity & Human Rights Office will inform complainant(s) and respondent(s) that Union representation is available. 4.05 Where an employee and the Union wish to pursue a harassment formal complaint include the intentional misrepresentation of any informationdiscrimination or harassment, the District may take formal disciplinary action. (d) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following grievance procedure under Article 12 will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaintapply. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom Where the complaint is made being pursued beyond the informal or investigation stage the time limits referred to will be invited to attend extended in all such cases. As an alternative, the meeting. The parties will meet in resolution session(s) until one formal complaint process of the University Discrimination and Harassment Policy or any other procedure acceptable to all parties requests may be used and by agreeing to such an alternative, all parties agree to waive their right to file a grievance. All employees will be entitled to union representation during the process they have decided to proceed to Step 3use. (3) A two member factfinding committee representing 4.06 Where an employee is a respondent to a complaint of harassment beyond the District informal stage of either the University Discrimination and ECCE Harassment Policy or another collective agreement, the Union will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised advised in confidence of the Vice President responsible for Human Resources or designee and an officer existence of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, a complaint affecting the respondent, and the respondent will be referred to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessaryUnion for representation throughout any proceedings. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Harassment. a. The Company shall continue to enforce its harassment policy and ensure that the policy is available to all employees. b. Employees may bring a Union representative with them to an initial meeting in which they communicate a harassment concern or complaint. When a claim has been raised by a bargaining unit member ("Claimant") or against a bargaining unit member ("Respondent") alleging harassment, then, at the request of the Claimant and/or Respondent, a Guild employee (who is not a bargaining unit member and is not a party or witness to any of the events at issue) will have the right to attend the Company’s investigatory meeting with the Claimant and/or Respondent. The Guild agrees that its role in any such investigatory meeting is supportive only, and that the Guild employee will not interfere with or frustrate the investigatory interview. The Guild agrees that everything said in such investigatory meeting(s) is and will be treated as strictly confidential, and the Guild will not disclose in any way any such information, including to any third party, or to any bargaining unit or non-bargaining unit employee (other than to Company employees/representative(s) charged with conducting the investigation), and the Guild agrees to execute a document agreed upon with the Union to that effect. Without limiting the foregoing, and for the sake of clarity only, (a) For purposes of this Sectionif Guild employees attend both the Claimant's investigatory interview and the Respondent's investigatory interview, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence in order the Guild will not disclose information to intentionally disrupt an employee’s work environment. the Claimant learned from the Respondent and vice-versa; and (b) To respect this provision does not prohibit the rights Union from disclosing publicly available information or information learned prior to the investigatory meeting simply because such information also is discussed in the investigatory meeting (understanding that the fact it also was discussed in the meeting should not be disclosed). For the purposes of maintaining confidentiality, the Guild will assign different Guild employees, selected at its discretion, to attend the investigatory interviews of the parties involvedClaimant and Respondent. c. Should a bargaining-unit employee initiate a claim of harassment, the complaint Company will be handled promptly investigate the claim and confidentially. (c) Should a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint that provide the employee is being harassed by any District employee, staff, faculty or management, with a report of the following procedure will be followed: (1) The employee will file his or her written complaint outcome within 30 calendar days of the alleged harassment close of the investigation. Such a report shall include whether the company is taking any remedial action(s) in the office of Human Resources who shall direct the matter response to the Vice President responsible for human resources functionsclaim and any measures that will be taken to address the Claimant’s concerns going forward. d. The Company shall ensure confidentiality and protection from retaliation for employees bringing harassment claims. e. The Company shall not request an employee to sign any non-disclosure agreement (2NDA) Within 10 work days of receipt or other similar agreement regarding or restricting the disclosure of the underlying facts of any harassment complaint in or the Human Resources Office, fact that the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3claims have been resolved. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Harassment. (a) For purposes of this Section, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence in order to intentionally disrupt an employee’s employee‟s work environment. (b) To respect the rights of the parties involved, the complaint will be handled promptly and confidentially. (c) Should a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s committee‟s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s District‟s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s District‟s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Harassment. (a) For The Employer and the Union recognize the right of employees to work in an environment free from harassment. The parties agree to xxxxxx and promote such an environment. To that end both parties subscribe to the principles and purposes of this Section, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence set out in order to intentionally disrupt an employee’s work environmentThe Salvation Army Canada and Bermuda Territory Respect in the Workplace Policy. (b) To respect the rights The parties agree that substantiated cases of the parties involvedharassment may be cause for discipline, the complaint will be handled promptly up to and confidentiallyincluding dismissal. (c) Should a An employee complaining of harassment complaint include is encouraged to address their concerns directly with the intentional misrepresentation of any informationperson(s) engaging in the conduct. If unwilling or unable to resolve the matter in this manner, the District complainant may take formal disciplinary actionrefer the matter to his/her manager or the Executive Director, who will investigate the matter and attempt to resolve the issue informally. (d) If any employee has the matter is not resolved informally the complainant may either file a formal complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of with BC Divisional Employee Relations/Human Resources who shall direct or submit the matter to the Vice President responsible for human resources functions. (grievance procedure at Step 2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure Formal complaints alleging harassment should be submitted in writing within six months of resolution the latest alleged occurrence. Upon receipt of a formal complaint, the Employer shall notify in writing the union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (f) An alleged harasser (respondent) shall be given notice of the substance of a complaint under this article and shall be entitled to union representation and to attend, and participate in any hearing. (g) Harassment is defined as deliberate actions that ought reasonably to be known as unwelcome by the recipient and which serve no legitimate work purpose, toward an individual or individuals by the employees of the Employer, on any of the prohibited grounds of discrimination under the Human Rights Code of British Columbia. Harassment also includes types and examples of harassment complaints is not as defined in the policy including Discriminatory, Psychological, Sexual and Personal Harassment. (h) Management actions which are conducted in a respectful manner, including measures to be utilized as a substitute correct performance deficiencies or to impose discipline for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25workplace infractions, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations harassment. (i) Both genders can be victims/offenders of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation harassment directed toward either men or women. (j) This definition of harassment may is not be used as meant to inhibit workplace interactions or relationships. (k) Protection against harassment extends to incidents occurring at or away from the sole basis workplace, during or outside working hours, and includes incidents relating to client or resident contact, provided the acts are committed within the course of the employment relationship. (l) The Employer agrees to maintain The Salvation Army Canada and Bermuda Territory Respect in the Workplace Policy including the requirement for a grievanceemployees to participate in mandatory harassment training. Prior to the implementation of any national changes or amendments at Southview Heights and Terrace, but may be cited as an aggravating cause in grieving another provision the Employer shall consult with the Union and the parties shall mutually agree to the changes. (m) In addition to the procedures outlined above complainants retain their right to file complaints directly with the Human Rights Tribunal of this AgreementBritish Columbia.

Appears in 1 contract

Samples: Collective Agreement

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Harassment. ‌ (a) For purposes of this Section, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence in order i. The Company shall continue to intentionally disrupt an employeecomply with the Company’s work environmentequal employment opportunity and nondiscrimination and anti-harassment policies and ensure that the policies are accessible to all Employees. (b) To respect ii. The Labor-Management Committee and Diversity Committee shall review the rights of harassment policies. The Union may survey bargaining unit employees on the parties involvedharassment policies and practices, and the Union will share the feedback and results at a Labor-Management and/or Diversity Committee meeting. When making changes to the harassment policies and practices, the complaint Company will be handled promptly and confidentiallyconsult the Union for feedback. (c) Should iii. An Employee may bring a Union representative with them to initial intake and investigatory meetings regarding the Employee’s harassment complaint include the intentional misrepresentation of complaints. Such Union representative shall not be involved in any information, the District may take formal disciplinary action. (d) If any employee has way in representing an Employee against whom a complaint that has been made if they are also representing the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources Employee who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of has brought the complaint. The Company may condition the Union representative’s attendance at a meeting on the Union representative’s execution of the Company’s non-disclosure agreement. iv. Should a bargaining unit employee initiate a claim of harassment, the Company will include investigate the complainant, a representative from Human Resources, claim and an ECCE representative, unless inform the employee opts out of union representation. Any “opt out” request for ECCE representation will be given Employee in writing within a reasonable timeframe of a final determination, which may include any corrective or remedial action taken in response to the Human Resources Departmentclaim, at the conclusion of the investigation. The employee against whom Company will provide a status update to the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(sEmployee within forty-five (45) until one days of commencement of the parties requests claim and once per week thereafter. At any time when an Employee’s health and safety is at risk, including in cases of harassment, the process to proceed to Step 3Company will address the Employee’s health and safety concerns in a timely manner. v. A grievance alleging discrimination or harassment must be commenced within the timeline in Article 14.A of the Grievance and Arbitration procedure. A grievance alleging the Company’s failure to follow the procedure set out in the Company’s equal employment opportunity and nondiscrimination and anti-harassment policies must be commenced within ninety (390) A two member factfinding committee representing days from the District and ECCE will be formed date that the Company provided notice to investigate and/or conciliate the Employee of the matter being closed. Nothing in this Agreement prevents an Employee from bringing a harassment or discrimination complaint through the Company’s equal employment opportunity and take appropriate actionnondiscrimination and anti-harassment policies’ reporting procedures at any point. vi. The committee will be comprised of Even if the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing alleged harassment does not turn out to rise to the complainantlevel of a violation of law, Company policy, or this Agreement, the respondentEmployee is protected from retaliation if the person had a good faith belief that the practices were in violation of law, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriateCompany policy, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended Company shall ensure confidentiality for Employees bringing harassment claims to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreementfullest extent possible.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Harassment. 37:01 The parties recognize that the problem of harassment may exist. However, the parties agree that harassment will not be tolerated in the workplace or in connection with the workplace and that every employee is entitled to work free of harassment. The employer must ensure, so far as reasonably practicable, that no employee is subjected to harassment in the workplace. 37:02 The Employer must: (a) For purposes of this Section, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence Develop and implement a written policy to prevent harassment in order to intentionally disrupt an employee’s work environment.the workplace; and (b) To respect Ensure that employees comply with the rights harassment prevention policy. 37:03 The harassment prevention policy must be developed in consultation with the Workplace Safety and Health Committee. 37:04 Where an employee is of the parties involvedopinion that the employee has been or is being harassed, the employee may forward a written complaint directly to the Assistant Director and copied to the Executive Director. The complaint shall be marked “Personal and Confidential”. 37:05 The Assistant Director will endeavour to resolve the matter in an expeditious and confidential manner. 37:06 The alleged offender shall be entitled to notice of the complaint and shall be given the opportunity to respond to the complaint in accordance with Article 38:12 where appropriate. 37:07 The complainant and the alleged offender will be handled promptly and confidentiallyinformed of the results of the investigation. 37:08 Management will take corrective action with anyone under their direction who harasses another person. The Executive Director, after investigating the complaint shall have the authority to: (a) Dismiss the complaint; or (b) Determine the appropriate discipline; and/or (c) Should a harassment complaint include Take any action which in the intentional misrepresentation of any information, the District Employer’s opinion may take formal disciplinary actionbe necessary. (d) If any employee has 37:09 Where the Executive Director determines that a complaint that has been made for frivolous or vindictive reasons, they shall have the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followedauthority to: (1a) The Implement disciplinary action against the complainant; and/or (b) Take any action against the complainant which in their opinion may be necessary. 37:10 Where the alleged harasser is the Executive Director, the employee will file his or her may forward the written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter directly to the Vice President responsible for human resources functionsBoard of Directors of XXXXX. The Board shall follow the process as set out above. (2) Within 10 work days 37:11 All employees have the right to file a complaint with the Manitoba Human Rights Commission. This Agreement does not discourage or prevent anyone from exercising their legal rights. 37:12 The Employer will not disclose the name of receipt a complainant or an alleged harasser or the circumstances of the complaint in to anyone except where disclosure is: (a) Necessary to investigate the Human Resources Office, complaint or take corrective action with respect to the ECCE will be notified complaint; or (b) Required by the Human Resources Department so that law. 37:13 The Employer must provide a meeting will be held to discuss and attempt resolution copy of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing harassment prevention policy to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3every employee. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Harassment. ‌ (a) For purposes The parties agree that the employees, the Union's representatives and the University's representatives all have a right to work in an environment free from personal and sexual harassment, and they commit to an ongoing cooperative effort to provide such an environment within the University. Union Representatives In all matters involving the regulation of relationships between the University, the employees and the Union, including the interpretation and administration of this SectionAgreement, "harassment" is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence in order to intentionally disrupt an employee’s work environment. (b) To respect the rights University will recognize those persons who are authorized representatives of the parties involved, the complaint will be handled promptly and confidentially. (c) Should a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment Union in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of the complaint. The meeting will include the complainant, a representative from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to accordance with Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do University shall not constitute alleged violations discriminate against such representatives of the Union for carrying out their proper and lawful duties under this Agreement or any applicable legislation. Shop Stewards shall be selected from among the members of the bargaining unit. Stewards shall be granted reasonable time during regular working hours to perform their duties within their respective work areas without loss of pay. Stewards will absent themselves from their work areas without first seeking consent of their supervisors. Such consent will be subject to operational requirements and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may will not be used as unreasonably withheld. Where the sole basis required consent has been given to a Shop Xxxxxxx for time off during working hours to perform Union duties, such time off shall be given without loss of pay for: Stewards to perform their duties within the area in which they work, or in another work area in circumstances where the Xxxxxxx for the other area is not available and consent is granted in accordance with Article Union representatives who are members of a grievance, but may be cited as an aggravating cause in grieving another provision joint Committee to attend any meetings of joint Committees established under the terms of this Agreement, or established by the University through the Director of Human Resources, or designate; any Union representatives whose presence is necessary at an ad Committee meeting which has been requested by either party and agreed to by the Director of Human Resources, or designate; any Union representative to attend a joint meeting provided for in the specific terms of this Agreement; a Union representative to meet with new employees in accordance with Article provided that the meeting is at the work site where the Union representative works.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Harassment. a. The Company shall continue to comply with the Group Nine Sexual Harassment Policy and the Equal Employment Opportunity, Anti-Discrimination, Anti-Harassment Policy and ensure that the policies are accessible to all employees. (a) For purposes of this Sectionb. The Labor Management Committee and Diversity Committee shall review the harassment policies. In the event that the People Team surveys employees on the harassment policies and practices, "harassment" is defined as repeated malicious annoyancethe Company will share feedback at a Labor Management Committee meeting. When making changes to the harassment policies and practices, tormenting, teasing, pestering, belittling, beleaguering or verbal threats of violence in order the Company will consult the Union for feedback. c. An employee may bring a Union representative with them to intentionally disrupt an initial intake and investigatory meetings regarding the employee’s work environment. (b) To respect the rights of the parties involved, the complaint will harassment complaint. Such Union representative shall not be handled promptly and confidentially. (c) Should a harassment complaint include the intentional misrepresentation of involved in any information, the District may take formal disciplinary action. (d) If any way in representing an employee has against whom a complaint that has been made if they are also representing the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution of has brought the complaint. The Company may condition the Union representative’s attendance at a meeting on the Union representative’s execution of Group Nine’s confidentiality agreement. d. Should a bargaining-unit employee initiate a claim of harassment, the Company will include investigate the complainant, a representative from Human Resources, claim and an ECCE representative, unless inform the employee opts out of union representation. Any “opt out” request for ECCE representation will be given in writing of a final determination, which may include any corrective or remedial action taken in response to the Human Resources Department. The employee against whom claim, at the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one conclusion of the parties requests investigation. At any time when an employee’s health and safety is at risk, including in cases of harassment, the process to proceed to Step 3Company will address the employee’s health and safety concerns in a timely manner. e. A grievance alleging discrimination or harassment must be commenced within the timeline in Article 21 of the Grievance and Arbitration procedure. A grievance alleging the Company’s failure to follow the procedure set out in the Company’s the Group Nine Sexual Harassment Policy and the Equal Employment Opportunity, Anti-Discrimination, Anti-Harassment Policy must be commenced within ninety (390) A two member factfinding committee representing days from the District and ECCE will be formed date that the Company provided notice to investigate and/or conciliate the employee of the matter and take appropriate action. The committee will be comprised of being closed. f. Even if the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing alleged harassment does not turn out to rise to the complainantlevel of a violation of law, Company policy or this Agreement, the respondentemployee is protected from retaliation if the person had a good faith belief that the practices were in violation of law, and to the ECCE representative. It is understood that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual Company policy or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended Company shall ensure confidentiality for employees bringing harassment claims to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this Agreementfullest extent possible.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Harassment. ‌ (a) For purposes The Employer and the Union recognize the inherent dignity, worth and rights of this Sectioneach individual. The parties are committed to preventing and addressing incidents of discrimination, "workplace violence, and harassment" , including sexual harassment, and will cooperate in taking all reasonable steps for the protection of employees. The parties agree to maintain a workplace where behaviour that contravenes the British Columbia Human Rights Code, Employment Standards Act, Labour Relations Act, or Occupational Health and Safety Act is defined neither condoned nor tolerated, and the Employer shall maintain policies to ensure such protection in accordance with applicable legislation. The Employer shall post its policies on the staff Bulletin Board as repeated malicious annoyancewell as any updates to such policies. In particular, tormentingand without limiting the scope of the Employer's policies on these issues, teasingit is agreed that there will be no discrimination because of a person's race, pesteringancestry, belittlingplace of origin, beleaguering colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, disability, or verbal threats any other enumerated ground under the Human Rights Code. The parties agree that there is a shared obligation to ensure that any incident of workplace violence, harassment, sexual harassment, or discrimination is raised promptly so that it may be addressed in an effective manner. Any complaint of harassment, discrimination or violence must be raised and submitted in order to intentionally disrupt an employee’s work environmentaccordance with the Employer's policy regarding same. (b) To respect In the rights of the parties involvedevent an employee alleges they have been harassed, sexually harassed discriminated against by another employee, the complaint will be handled promptly Employer and confidentially. (c) Should the Union shall carry out a harassment complaint include the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Human Resources who shall direct the matter to the Vice President responsible for human resources functions. (2) Within 10 work days of receipt of the complaint in the Human Resources Office, the ECCE will be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution joint investigation of the complaint. If an employee alleges harassment, sexual harassment or discrimination by a member of management, the Employer shall carry out forthwith an independent investigation into the allegation. The meeting will include Employer shall advise the complainantUnion within ten (10) days that such an investigation has taken place. In the event the allegation forms the basis of a grievance, the Employer agrees to conduct a representative joint investigation with the Union. c) Any information arising from Human Resources, and an ECCE representative, unless the employee opts out of union representation. Any “opt out” request for ECCE representation will investigation undertaken pursuant to 30.00(d) shall remain confidential but shall be given in writing provided to the Human Resources Department. The employee against whom the complaint is made will be invited to attend the meeting. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3Union. (3d) A two member factfinding committee representing In the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood event that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance filed pursuant to Article 2518 involved allegations against management personnel, Grievance Procedurethe Employer shall ensure that there is no contact between the management employee and the grievor without loss of pay and benefits to the grievor. e) There shall be no reprisal against an employee for the legitimate exercise of their rights under the British Columbia Human Rights Code, Employment Standards Act Labour Relations Act, or Occupational Health and Safety Act. f) The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practised by either of this Agreement. The procedure set forth them or by any of their representatives or members because of any employee's membership or non-membership in this section is intended to redress situations that do not constitute alleged violations the Union or because of this Agreement and are not their activity or lack of such a nature as to invoke activity in the District’s procedures related to sexual and/or discrimination harassment. An allegation of harassment may not be used as the sole basis for a grievance, but may be cited as an aggravating cause in grieving another provision of this AgreementUnion.

Appears in 1 contract

Samples: Collective Agreement

Harassment. ‌ (a) For ‌ The Employer and the Union recognize the right of employees to work in an environment free from harassment. The parties agree to xxxxxx and promote such an environment. To that end both parties subscribe to the principles and purposes set out in the Salvation Army Canada and Bermuda Territory Respect in the Workplace Policy. Copies of this Sectionpolicy must be readily available to all employees. Types and examples of harassment are defined in the policy and include discriminatory, "psychological, sexual and personal harassment" , which generally refer to actions which ought reasonably to be known as unwelcome by the recipient and which serve no legitimate work-related purpose. Legitimate management actions conducted in a respectful manner do not constitute psychological harassment. The Employer agrees to maintain the Salvation Army Canada and Bermuda Territory Respect in the Workplace Policy, which may include mandatory harassment training. Any changes to the Territorial policy must be discussed with and agreed to by the Union prior to implementation. An employee complaining of harassment is defined as repeated malicious annoyance, tormenting, teasing, pestering, belittling, beleaguering encouraged to address their concerns directly with the person(s) engaging in the conduct. If unwilling or verbal threats of violence unable to resolve the matter in order to intentionally disrupt an employee’s work environment. (b) To respect the rights of the parties involvedthis manner, the complaint will be handled promptly and confidentially. (c) Should a harassment complaint include complainant may refer the intentional misrepresentation of any information, the District may take formal disciplinary action. (d) If any employee has a complaint that the employee is being harassed by any District employee, staff, faculty or management, the following procedure will be followed: (1) matter to The employee will file his or her written complaint within 30 calendar days of the alleged harassment in the office of Salvation Army Harbour Light Detox Human Resources Manager, who shall direct will investigate the matter and attempt to resolve the issue informally. If the matter is not resolved informally the complainant may either file a formal complaint with BC Divisional Employee Relations/Human Resources or submit the matter to the Vice President responsible for human resources functions. (grievance procedure at Step 2) Within 10 work days . Formal complaints and Step 2 grievances alleging harassment should be submitted in writing within six months of the latest alleged occurrence. Upon receipt of a formal complaint, Divisional personnel shall promptly notify the complaint union staff representative in the Human Resources Office, the ECCE will writing. An alleged harasser shall be notified by the Human Resources Department so that a meeting will be held to discuss and attempt resolution given notice of the complaint. The meeting will include the complainant, substance of such a representative from Human Resources, complaint under this clause and an ECCE representative, unless the employee opts out of shall be entitled to union representation. Any “opt out” request for ECCE representation will be given The complainant(s) and any other employee implicated in writing to the Human Resources Department. The employee against whom the complaint is made will through the investigation process shall also be invited entitled to attend the meetingunion representation. All complaints must be treated in strict confidence by all parties at all times. The parties will meet in resolution session(s) until one of the parties requests the process to proceed to Step 3. (3) A two member factfinding committee representing the District and ECCE will be formed to investigate and/or conciliate the matter and take appropriate action. The committee will be comprised of the Vice President responsible for Human Resources or designee and an officer of the ECCE or designee. The proceedings will be maintained in confidence by the District representative and the ECCE representative. The committee’s final decision and recommendations will be presented in writing to the complainant, the respondent, and to the ECCE representative. It is understood agree that should the District determine disciplinary action may be appropriate, the District’s decision to consider and take disciplinary action is outside the scope of the committee and this process. Committee members will have received training by the District and/or ECCE prior to serving on the committee. The committee will be authorized to request the services of the State Medication and Conciliation Services if necessary. (e) This procedure of resolution of harassment complaints is not to be utilized as a substitute for the procedure which the District has established to handle claims of sexual or discriminatory harassment. Access to this procedure does not preclude the employee from filing a grievance pursuant to Article 25, Grievance Procedure, of this Agreement. The procedure set forth in this section is intended to redress situations that do not constitute alleged violations of this Agreement and are not of such a nature as to invoke the District’s procedures related to sexual and/or discrimination harassment. An allegation substantiated cases of harassment may not be used as cause for discipline, up to and including dismissal. In addition to the sole basis for a grievanceprocedures outlined above, but may be cited as an aggravating cause in grieving another provision of this Agreementcomplainants retain their rights to file complaints directly with the BC Human Rights Tribunal.

Appears in 1 contract

Samples: Collective Agreement

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