RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-related racial or ethnic harassment. In keeping with this objective, the Parties agree: (i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion; (ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; in the development of educational programs for CUPE 3903 members and contract administrators; (iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees: (iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; for the University community; and (v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8. 4.04.2 Racial/ethnic harassment shall be defined as: (i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or offensive physical gestures or abuse; and/or (ii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or (iii) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.1); and/or (iv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome. 4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, the Employer will provide the Union with a report of the number of members who have made complaints of racism and/or ethnic harassment. 4.04.4 Decisions with respect to any remediation shall not be grievable except: (i) the complainant-employee may grieve a decision not to separate the parties; (ii) the complainant-employee or other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8. 4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee. 4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-work- related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;.
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) to discipline, where appropriate, an employee-harasser respondent pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from or against an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow the University Human Rights Policy and Procedures (the “Procedures”), to address the complaintcomplaint xxxxx://xxx.xxxxx.xx/secretariat/policies/policies/human-rights-policy-and-procedures/, subject to the provisions of the Collective Agreement. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 . Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or the other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.
Appears in 4 contracts
Samples: Memorandum of Settlement, Memorandum of Settlement, Memorandum of Settlement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-work- related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) : to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) . to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) ; to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) : to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) and to discipline, where appropriate, an employee-harasser xxxxxxxx respondent pursuant to the provisions of Article 8.
4.04.2 . Racial/ethnic harassment shall be defined as:
(i) : offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or offensive physical gestures or abuse; and/or
(ii) and/or consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iii) and/or continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(iv) and/or any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 . On receipt of a complaint of racism and/or ethnic harassment from or against an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow the University Human Rights Policy and Procedures (the “Procedures”), to address the complaintcomplaint xxxxx://xxx.xxxxx.xx/secretariat/policies/policies/human-rights-policy-and-procedures/, subject to the provisions of the Collective Agreement. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 . Decisions with respect to any remediation shall not be grievable except:
(i) : the complainant-employee may grieve a decision not to separate the parties;
(ii) ; the complainant-employee or the other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Memorandum of Settlement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union Union and the employer Employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their her student status or employment status as a result of suffering work-related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Rights in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Rights for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment treat- ment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or the other party may grieve if they believe she believes that in consequence of the arrangement for separation sep- aration of the parties they have she has incurred a penalty in their her employment and/or academic situation. The separation itself and any investigation investiga- tion and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employeeemploy- ee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union Union and the employer Employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or the other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 66.06. If an employee who is not in the CUPE 3903 bargaining unit is named as a respondent in the grievance, this meeting may include a case advisor or the Executive Director from the York University Centre for Human Rights, Equity and Inclusion (the Centre). The Employer shall not use information provided by a complainant-employee respecting Racial/Ethnic Harassment for the purpose of disciplining any member of the University community unless that complainant-employee specifically agrees to such usage.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their her student status or employment status as a result of suffering work-work- related racial or ethnic harassment. Human Rights; In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;for
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Rights in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Rights for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:: the parties;
(i) the complainant-employee may grieve a decision not to separate the parties;separate
(ii) the complainant-employee or the other party may grieve if they believe she believes that in consequence of the arrangement for separation of the parties they have she has incurred a penalty in their her employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-work- related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;.
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.1); and/or
(iv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, the Employer will provide the Union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-related racial or ethnic harassment. In keeping with this objective, the Parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or offensive physical gestures or abuse; and/or
(ii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iii) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.1); and/or
(iv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, the Employer will provide the Union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or other party may grieve if they believe believes that in consequence of the arrangement for separation of the parties they have has incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging acknowl‐ edging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their her student status or employment status as a result of suffering work-work‐ related racial or ethnic harassment. In keeping with this objective, the Parties agree:
(i) to co-operate co‐operate with the aims and purposes of the Centre for Human Hu‐ man Rights, Equity and Inclusion;
(ii) to co-operate co‐operate with the Centre for Human Rights, Equity and Inclusion; In‐ clusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University Univer‐ sity community; and
(v) to discipline, where appropriate, an employee-harasser pursuant employee‐harasser pursu‐ ant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise oth‐ erwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.1); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual semi‐annual basis, the Employer will provide the Union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee complainant‐employee may grieve a decision not to separate sepa‐ rate the parties;
(ii) the complainant-employee complainant‐employee or other party may grieve if they believe she be‐ lieves that in consequence of the arrangement for separation of the parties they have she has incurred a penalty in their her employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances cir‐ cumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article Arti‐ cle 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.206.19, a first meeting is convened con‐ vened by the Employer as per Article 6.
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union Union and the employer Employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-work- related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or the other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 4 .04 .1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112 .01 .7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environmentenvironment . In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their her student status or employment status as a result of suffering work-related work‑related racial or ethnic harassmentharassment . In keeping with this objective, the Parties parties agree:
(i) to co-operate co‑operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate co‑operate with the Centre for Human Rights, Equity and Inclusion; Rights in the development of educational programs for CUPE 3903 members and contract administratorsadministra‑ tors;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment disputedispute . The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Rights for the University community; and
(v) to discipline, where appropriate, an employee-harasser employee‑harasser pursuant to the provisions of Article 88 .
4.04.2 4 .04 .2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities respon‑ sibilities (subject to Article 12.02.112 .01 .7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation humilia‑ tion or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112 .01 .7), race, colour, ethnicity, ancestryances‑ try, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcomeunwelcome .
4.04.3 4 .04 .3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaintcomplaint . The Employer will follow University Procedures to address the complaintcomplaint . On a semi-annual basis, semi‑annual basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassmentharassment .
4.04.4 4 .04 .4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee complainant‑employee may grieve a decision not to separate the partiespar‑ ties;
(ii) the complainant-employee complainant‑employee or the other party may grieve if they believe she believes that in consequence of the arrangement for separation of the parties they have she has incurred a penalty in their her employment and/or academic situationsituation . The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clauseclause . Any discipline arising from this article shall be in conformity con‑ formity with Article 88 .
4.04.5 4 .04 .5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employeeemployee .
4.04.6 4 .04 .6 When a grievance is filed as per Article 6.206 .20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their her student status or employment status as a result of suffering work-work- related racial or ethnic harassment. Human Rights; In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;for
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Rights in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Rights for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:: February 10, 2020 version
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:: the parties;
(i) the complainant-employee may grieve a decision not to separate the parties;separate
(ii) the complainant-employee or the other party may grieve if they believe she believes that in consequence of the arrangement for separation of the parties they have she has incurred a penalty in their her employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment envi- ronment free from discrimination and/or harassment on the basis of native language lan- guage (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their her student status or employment status sta- tus as a result of suffering work-related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Rights in the development of educational edu- cational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Rights for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions pro- visions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation humilia- tion or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential dif- ferential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On Where an employee believes she has been the victim of racial/ethnic harassment, in addition to any other appropriate course of action she wishes to pursue (contacting the Centre for Human Rights, laying a complaint, filing a grievance, etc.), she may:
(i) request through the union that such harassment be discontinued. Where the union receives such a request, it will notify the appropriate Xxxx/Principal/ Director or designate with a letter which shall read: “Pursuant to Article 4.04.3(i), the union requests your presence at a meeting to discuss an alleged violation of Article 4.” The Xxxx/ Principal/Director or designate shall convene a meet- ing with the union within ten working days of receipt of such letter. The pur- pose of the meeting will be to discuss the evidence adduced and to determine whether it is appropriate for the employer to request the harasser to discontinue the demeaning comments, gestures, exclusion, differential treatment and/or other actions. The Xxxx/Principal/Director or designate shall notify the union within ten working days of the meeting as to what action she has taken; and/or
(ii) request, through the union or the employer, to discontinue contact with the alleged harasser. Upon receipt of such request, a complaint meeting of racism the Joint CUPE 3903 York Advisory Committee on Race/Ethnic Relations, Dis- crimination and/or ethnic harassment from an employeeHarassment shall be convened within fourteen calendar days. The Committee shall consider such request in light of all the infor- mation available to it. The recommendation of the Committee, including any minority recommendation where applicable, shall be forwarded to the Office of the Assistant Vice-President (HR&ER). Upon receipt of such rec- ommendation(s), the Employer will also advise designated officer shall determine whether the employee of their right rele- vant parties should be separated. If the decision is to Union representation in connection with separate the complaintparties, the designated officer shall ensure that the separation is arranged. The Employer will follow University Procedures designated officer shall, in so far as is practica- ble, ensure that the complainant-employee and the other party incur no penalty in their employment situation as a result of the separation. The designated offi- cer shall also, where applicable, use her best offices to address ensure that neither party incurs a penalty in her student status as a result of the complaintseparation. On a semiIf requested by the complainant-annual basisemployee and recommended by the Joint CUPE 3903 York Advisory Committee on Race/Ethnic Relations, Discrimination and/or Harass- ment, the Employer will provide the Union with designated officer shall use her best offices to obtain a report waiver of the number of members who have made complaints of racism and/or ethnic harassmentrel- evant academic regulations including, but not limited to, academic deadlines.
4.04.4 Decisions with respect to any remediation of the designated officer shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or the other party may grieve if they believe she believes that in consequence of the arrangement for separation of the parties they have she has incurred a penalty in their her employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline dis- cipline arising from this article shall be in conformity with Article 8. The employer and the union agree to treat requests that harassment be discon- tinued, or requests to discontinue contact, as confidential.
4.04.5 Decisions with respect to any remediation of the designated officer may be grieved within fourteen days of the receipt of the decision by the employee. Where no decision is made by the des- ignated officer, the employee may grieve per Article 4.03.10(i) within twenty-eight days of the rendering of the recommendation of the Joint CUPE 3903 York Advi- sory Committee on Race/Ethnic Relations, Discrimination and/or Harassment.
4.04.6 When The employer shall not use information provided by a grievance is filed as per Article 6.20, a first meeting is convened by complainant- employee respecting Racial/Ethnic Harassment for the Employer as per Article 6purpose of disciplining any mem- ber of the University community unless that complainant-employee specifi- cally agrees to such usage.
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-work- related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) : to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) . to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) ; to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) : to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) and to discipline, where appropriate, an employee-harasser xxxxxxxx respondent pursuant to the provisions of Article 8.
4.04.2 . Racial/ethnic harassment shall be defined as:
(i) : offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or offensive physical gestures or abuse; and/or
(ii) and/or consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iii) and/or continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.1*12.01.7); and/or
(iv) and/or any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.1*12.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 . On receipt of a complaint of racism sexual and/or ethnic gender harassment from or against an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow the University Human Rights Policy and Procedures (the “Procedures”), to address the complaintcomplaint xxxxx://xxx.xxxxx.xx/secretariat/policies/policies/human-rights-policy-and-procedures/, subject to the provisions of the Collective Agreement. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union Union and the employer Employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their her student status or employment status as a result of suffering work-related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Rights in the development of educational programs for CUPE 3903 members and contract administratorsadministra- tors;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Rights for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities respon- sibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation humilia- tion or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestryances- try, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the partiespar- ties;
(ii) the complainant-employee or the other party may grieve if they believe she believes that in consequence of the arrangement for separation of the parties they have she has incurred a penalty in their her employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity con- formity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-work- related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;.
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or the other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union Union and the employer Employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or the other party may grieve if they believe believes that in consequence of the arrangement for separation of the parties they have has incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 66.06. If an employee who is not in the CUPE 3903 bargaining unit is named as a respondent in the grievance, this meeting may include a case advisor or the Executive Director from the York University Centre for Human Rights, Equity and Inclusion (the Centre). The Employer shall not use information provided by a complainant-employee respecting Racial/Ethnic Harassment for the purpose of disciplining any member of the University community unless that complainant-employee specifically agrees to such usage.
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-work‐ related racial or ethnic harassment. In keeping with this objective, the Parties agree:
(i) to co-operate co‐operate with the aims and purposes of the Centre for Human Hu‐ man Rights, Equity and Inclusion;
(ii) to co-operate co‐operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) to discipline, where appropriate, an employee-harasser employee‐harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.1); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.1), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual semi‐annual basis, the Employer will provide the Union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee complainant‐employee may grieve a decision not to separate the parties;
(ii) the complainant-employee complainant‐employee or other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.206.19, a first meeting is convened by the Employer as per Article 6.
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union and the employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their her student status or employment status as a result of suffering work-related work‑related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate co‑operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate co‑operate with the Centre for Human Rights, Equity and Inclusion; Rights in the development of educational programs for CUPE 3903 members and contract administratorsadministra‑ tors;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Rights for the University community; and
(v) to discipline, where appropriate, an employee-harasser employee‑harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities respon‑ sibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation humilia‑ tion or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestryances‑ try, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, semi‑annual basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee complainant‑employee may grieve a decision not to separate the partiespar‑ ties;
(ii) the complainant-employee complainant‑employee or the other party may grieve if they believe she believes that in consequence of the arrangement for separation of the parties they have she has incurred a penalty in their her employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity con‑ formity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 1 contract
Samples: Collective Agreement
RACIAL AND ETHNIC HARASSMENT. 4.04.1 The union Union and the employer Employer recognize the right of employees to work in an environment free from discrimination and/or harassment on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, place of origin, nationality, and/or religion, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that racial and ethnic harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit or any employee in the bargaining unit shall be penalized in their student status or employment status as a result of suffering work-related racial or ethnic harassment. In keeping with this objective, the Parties parties agree:
(i) to co-operate with the aims and purposes of the Centre for Human Rights, Equity and Inclusion;
(ii) to co-operate with the Centre for Human Rights, Equity and Inclusion; Inclusion in the development of educational programs for CUPE 3903 members and contract administrators;
(iii) to follow the procedures set forth in this article respecting the resolution of a racial/ethnic harassment dispute. The employer further agrees:
(iv) to initiate and support educational and research programs mounted by the Centre for Human Rights, Equity and Inclusion; Inclusion for the University community; and
(v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8.
4.04.2 Racial/ethnic harassment shall be defined as:
(i) offensive comments, including racial/ethnic slurs, jokes, remarks or other such verbal abuse; and/or and/or
(ii) offensive physical gestures or abuse; and/or
(iiiii) consistent exclusion from that to which a person(s) would otherwise have a right or privilege; and/or
(iiiiv) continued differential treatment in the assignment of duties or responsibilities (subject to Article 12.02.112.01.7); and/or
(ivv) any other offensive actions which demean, belittle and/or cause humiliation or are unwelcome to an individual and/or group(s) on the basis of native language (subject to Article 12.02.112.01.7), race, colour, ethnicity, ancestry, nationality, place of origin, and/or religion by a person(s) who knows or ought reasonably to know that such comments, gestures, exclusions, differential treatment and/or other actions is demeaning or unwelcome.
4.04.3 On receipt of a complaint of racism and/or ethnic harassment from an employee, the Employer will also advise the employee of their right to Union representation in connection with the complaint. The Employer will follow University Procedures to address the complaint. On a semi-annual basis, basis the Employer will provide the Union union with a report of the number of members who have made complaints of racism and/or ethnic harassment.
4.04.4 Decisions with respect to any remediation shall not be grievable except:
(i) the complainant-employee may grieve a decision not to separate the parties;
(ii) the complainant-employee or the other party may grieve if they believe that in consequence of the arrangement for separation of the parties they have incurred a penalty in their employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8.
4.04.5 Decisions with respect to any remediation may be grieved within fourteen days of the receipt of the decision by the employee.
4.04.6 When a grievance is filed as per Article 6.20, a first meeting is convened by the Employer as per Article 6.Article
Appears in 1 contract
Samples: Collective Agreement
