Common use of Personal Harassment Clause in Contracts

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of time. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 subject to the following changes: (1) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties; (4) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (5) All formal grievances under this article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate. (3) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (34) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c5) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 74 subject to the following changes: (16) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (27) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) 8) An arbitrator Arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (49) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (510) All formal grievances under this article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. (c) Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and OC will be made aware of all or part of the proceedings on a "need to know" basis.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Personal Harassment. Personal harassment, which is sometimes referred to as psychological harassment or bullying, is harmful to a respectful environment and therefore has no place at UBC. (a) Personal harassment is defined as offensive comments and/or actions thatobjectionable and unwanted behaviour that is verbally or physically abusive, by vexatious or hostile, that is without reasonable justification, and that creates a reasonable standard, create an abusive hostile or intimidating work environment over environment. Personal harassment behaviour may include persistent demeaning or intimidating comments, gestures or conduct; threats to a period person’s employment or educational status, person or property; ostracism or exclusion that undermines an individual’s self-esteem; unwarranted and excessive criticism of time. Comments an individual; abuse of power, authority or actions that serve position; sabotage of a legitimate, person’s work-related purpose shall not be deemed to constitute personal harassment under this article; hazing; spreading of malicious rumours or lies; or making malicious or vexatious complaints about a person. (b) Examples Personal harassment does not include the exercise of personal harassment include, but are not limited to: (1) Physical threat, intimidation, appropriate managerial or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassmentsupervisory direction. (c) A determination that personal harassment has occurred is based not only on what the alleged perpetrator and target of the harassment actually experienced, knew or understood about each other and the situation, but on what a reasonable person in each of their circumstances would have experienced, known or understood, taking into account the full context of the situation. (d) Employees may report concerns about personal harassment to their direct supervisor, Unit Head or Human Resources. (e) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 69 subject to the following changes: (1) Where where a person who is the subject of a grievance under this article is the OC University representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union union and university representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An an arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties; (4) Ifif, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her their wishes; (5) All all formal grievances under this article shall be initiated within twelve 12 months of the event. In the case of a series of events, a grievance shall be filed no later than twelve 12 months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. (f) Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and the University will be made aware of all or part of the proceeding on a "need to know" basis.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Personal Harassment. (a1) Personal harassment Harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b2) Examples of personal harassment include, but are not limited to: (1i) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, patting pinching and punching; (2ii) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate; (iii) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3iv) Display or distribution of pictures, posters, calendars, calendars objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c3) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 8, subject to the following changes: (1i) Where a person who is the subject of a grievance under this article is the OC employer representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2ii) Union representatives in the course of investigating a complaint of personal harassment and OC the employer representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance;. (3iii) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (4iv) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes;. (54) All formal grievances under this article Employees involved in the handling of a complaint shall be initiated within twelve months hold in the strictest of confidence all information of which they become aware, however, it is recognized that various officials of the event. In Union and the case Employer will be made aware of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith all or if the delay does not result in substantial prejudice to any part of the involved individualsproceedings on a "need to know" basis.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate. (3) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (34) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 74 subject to the following changes: (1) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (4d) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (5e) All formal grievances under this article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. (f) Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and OC will be made aware of all or part of the proceedings on a "need to know" basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this articleArticle. (b) Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, pinching and punching; (2) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate; (3) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (34) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 70 subject to the following changes: (1) Where where a person who is the subject of a grievance under this article Article is the OC University representative at any step of the grievance procedure, then the Union may bypass that step of the procedure;procedure;‌ (2) Union union representatives in the course of investigating a complaint of personal harassment and OC the University representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An an arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties; (4) Ifif, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (5) All all formal grievances under this article Article shall be initiated within twelve 12 months of the event. In the case of a series of events, a grievance shall be filed no later than twelve 12 months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. (d) Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they became aware; however, it is recognized that various officials of the Union and the University will be made aware of all or part of the proceeding on a “need to know” basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) . Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate. (3) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (34) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c) . Employees may process complaints about personal harassment through the grievance procedure according to Article 53 76 subject to the following changes: (1) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties; (4) . If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her their wishes; (5) ; All formal grievances under this article shall be initiated within twelve 12 months of the event. In the case of a series of events, a grievance shall be filed no later than twelve 12 months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and OC will be made aware of all or part of the proceedings on a "need to know" basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of time. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) Examples of personal harassment include, but are not limited to: (1) Physical physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) Implied implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3) Display display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 subject to the following changes: (1) Where where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An an arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties; (4) Ifif, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her their wishes; (5) All all formal grievances under this article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) . Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate. (3) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (34) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c) . Employees may process complaints about personal harassment through the grievance procedure according to Article 53 76 subject to the following changes: (1) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties; (4) . If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her their wishes; (5) ; All formal grievances under this article shall be initiated within twelve 12 months of the event. In the case of a series of events, a grievance shall be filed no later than twelve 12 months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and OC will be made aware of all or part of the proceedings on a "need to know" basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. ‌ Personal harassment, which is sometimes referred to as psychological harassment or bullying, is harmful to a respectful environment and therefore has no place at UBC. (a) Personal harassment is defined as offensive comments and/or actions thatobjectionable and unwanted behaviour that is verbally or physically abusive, by vexatious or hostile, that is without reasonable justification, and that creates a reasonable standard, create an abusive hostile or intimidating work environment over environment. Personal harassment behaviour may include persistent demeaning or intimidating comments, gestures or conduct; threats to a period person’s employment or educational status, person or property; ostracism or exclusion that undermines an individual’s self-esteem; unwarranted and excessive criticism of time. Comments an individual; abuse of power, authority or actions that serve position; sabotage of a legitimate, person’s work-related purpose shall not be deemed to constitute personal harassment under this article; hazing; spreading of malicious rumours or lies; or making malicious or vexatious complaints about a person. (b) Examples Personal harassment does not include the exercise of personal harassment include, but are not limited to: (1) Physical threat, intimidation, appropriate managerial or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassmentsupervisory direction. (c) A determination that personal harassment has occurred is based not only on what the alleged perpetrator and target of the harassment actually experienced, knew or understood about each other and the situation, but on what a reasonable person in each of their circumstances would have experienced, known or understood, taking into account the full context of the situation. (d) Employees may report concerns about personal harassment to their direct supervisor, Unit Head or Human Resources. (e) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 69 subject to the following changes: (1) Where where a person who is the subject of a grievance under this article is the OC University representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union union and university representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An an arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties; (4) Ifif, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (5) All all formal grievances under this article shall be initiated within twelve 12 months of the event. In the case of a series of events, a grievance shall be filed no later than twelve 12 months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. (f) Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and the University will be made aware of all or part of the proceeding on a "need to know" basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of time. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 51 subject to the following changes: (1) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties; (4) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (5) All formal grievances under this article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals.

Appears in 1 contract

Samples: Collective Agreement

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Personal Harassment. (a1) Personal harassment Harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b2) Examples of personal harassment include, but are not limited to: (1i) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, patting pinching and punching; (2ii) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be know to be inappropriate; (iii) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3iv) Display or distribution of pictures, posters, calendars, calendars objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c3) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 8, subject to the following changes: (1i) Where a person who is the subject of a grievance under this article Article is the OC Employer representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2ii) Union representatives in the course of investigating a complaint of personal harassment and OC the Employer representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance;. (3iii) An arbitrator Arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (4iv) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes;. (54) All formal grievances under this article Employees involved in the handling of a complaint shall be initiated within twelve months hold in the strictest of confidence all information of which they become aware, however, it is recognized that various officials of the event. In Union and the case Employer will be made aware of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith all or if the delay does not result in substantial prejudice to any part of the involved individualsproceedings on a "need to know" basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate. (3) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (34) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 74 subject to the following changes: (1) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (4d) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (5) All formal grievances under this article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b) Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinchingxxxxxxxx, and punching; (2) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate. (3) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (34) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c5) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 74 subject to the following changes: (16) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (27) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) 8) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (49) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (510) All formal grievances under this article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. (c) Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and OC will be made aware of all or part of the proceedings on a "need to know" basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this articleArticle. (b) Examples of personal harassment include, but are not limited to: (1) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate. (3) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (34) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c5) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 74 subject to the following changes: (16) Where a person who is the subject of a grievance under this article is the OC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (27) Union representatives in the course of investigating a complaint of personal harassment and OC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3) 8) An arbitrator Arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (49) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (510) All formal grievances under this article Article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals. (c) Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and OC will be made aware of all or part of the proceedings on a "need to know" basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a1) Personal harassment Harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of timeenvironment. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this article. (b2) Examples of personal harassment include, but are not limited to: (1i) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, patting pinching and punching; (2ii) When a person who supervises, or is in a position of authority, exercises that authority in a manner which serves no legitimate work purpose and which ought reasonably be know to be inappropriate; (iii) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3iv) Display or distribution of pictures, posters, calendars, calendars objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c3) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 8, subject to the following changes: (1i) Where a person who is the subject of a grievance under this article Article is the OC Employer representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2ii) Union representatives in the course of investigating a complaint of personal harassment and OC the Employer representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance;. (3iii) An arbitrator Arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (4iv) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes;. (54) All formal grievances under this article Employees involved in the handling of a complaint shall be initiated within twelve months hold in the strictest of confidence all information of which they become aware, however, it is recognized that various officials of the event. In Union and the case Employer will be made aware of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith all or if the delay does not result in substantial prejudice to any part of the involved individualsproceedings on a “need to know” basis.

Appears in 1 contract

Samples: Collective Agreement

Personal Harassment. (a1) Personal harassment is defined as offensive comments and/or actions that, by a reasonable standard, create an abusive or intimidating work environment over a period of time. Comments or actions that serve a legitimate, work-related purpose shall not be deemed to constitute personal harassment under this articleArticle. (b2) Examples of personal harassment include, but are not limited to: (1i) Physical threat, intimidation, or assault or unwelcome physical contact such as touching, patting, pinching, and punching; (2ii) Implied or expressed threat of reprisal, or denial of opportunity for refusal to comply with a request which serves no legitimate work-related purpose; (3iii) Display or distribution of pictures, posters, calendars, objects, literature or other materials that are racist or, that are, by a reasonable standard, considered derogatory to a particular person or group of persons. The legitimate study, display, use or distribution of such materials that are within appropriate academic norms is not considered personal harassment. (c3) Employees may process complaints about personal harassment through the grievance procedure according to Article 53 52 subject to the following changes: (1i) Where a person who is the subject of a grievance under this article Article is the OC OUC representative at any step of the grievance procedure, then the Union may bypass that step of the procedure; (2ii) Union representatives in the course of investigating a complaint of personal harassment and OC OUC representatives in the course of investigating a grievance of personal harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; (3iii) An arbitrator in the determination of a grievance of personal harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties;. (4iv) If, as a result of a grievance, it is determined necessary to separate the work locations of the grievor and the person who is the subject of a grievance, it is agreed that the grievor will not be moved against his/her wishes; (5v) All formal grievances under this article Article shall be initiated within twelve months of the event. In the case of a series of events, a grievance shall be filed no later than twelve months after the last event in the series on which the complaint is based. The limitation period may be extended if the delay was incurred in good faith or if the delay does not result in substantial prejudice to any of the involved individuals.

Appears in 1 contract

Samples: Collective Agreement

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