Common use of Rights of the Parties Clause in Contracts

Rights of the Parties. 9.6.1 These procedures may not be used where a complainant has filed a complaint under the BC Human Rights Code. 9.6.2 The above noted procedure does not restrict OC’s right to take disciplinary action or the Association’s right to grieve such disciplinary action or to grieve an alleged violation of this Article. 9.6.3 Employees may process complaints about harassment through the grievance procedure according to Article 36 (Grievance Procedure) subject to the following changes: 9.6.3.1 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 Association may bypass that step of the procedure; 9.6.3.2 Association representatives in the course of investigating a complaint of harassment and OC representatives in the course of investigating a grievance of harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; 9.6.3.3 An arbitrator in the determination of a grievance of harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties. 9.6.3.4 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. 9.6.3.5 All formal grievances under this clause 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.

Rights of the Parties. 9.6.1 These procedures may not be used where a complainant has filed a complaint under the BC Human Rights Code. 9.6.2 The above noted procedure does not restrict OC’s right to take disciplinary action or the Association’s right to grieve such disciplinary action or to grieve an alleged violation of this Article. 9.6.3 Employees may process complaints about harassment through the grievance procedure according to Article 36 37 (Grievance Procedure) subject to the following changes: 9.6.3.1 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 Association may bypass that step of the procedure; 9.6.3.2 Association representatives in the course of investigating a complaint of harassment and OC representatives in the course of investigating a grievance of harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; 9.6.3.3 An arbitrator in the determination of a grievance of harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties. 9.6.3.4 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. 9.6.3.5 All formal grievances under this clause 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.

Rights of the Parties. ‌ 9.6.1 These procedures may not be used where a complainant has filed a complaint under the BC Human Rights Code. 9.6.2 The above noted procedure does not restrict OC’s right to take disciplinary action or the Association’s right to grieve such disciplinary action or to grieve an alleged violation of this Article. 9.6.3 Employees may process complaints about harassment through the grievance procedure according to Article 36 (Grievance Procedure) subject to the following changes: 9.6.3.1 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 Association may bypass that step of the procedure; 9.6.3.2 Association representatives in the course of investigating a complaint of harassment and OC representatives in the course of investigating a grievance of harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; 9.6.3.3 An arbitrator in the determination of a grievance of harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties. 9.6.3.4 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. 9.6.3.5 All formal grievances under this clause 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.

Rights of the Parties. 9.6.1 8.6.1 These procedures may not be used where a complainant has filed a complaint under the BC Human Rights Code. 9.6.2 8.6.2 The above noted procedure does not restrict OCOUC’s right to take disciplinary action or the Association’s right to grieve such disciplinary action or to grieve an alleged violation of this Article. 9.6.3 8.6.3 Employees may process complaints about harassment through the grievance procedure according to Article 36 (Grievance Procedure) 40 subject to the following changes: 9.6.3.1 8.6.3.1 Where a person who is the subject of a grievance under this Article is the OC OUC representative at any step of the grievance procedure, then the Association may bypass that step of the procedure; 9.6.3.2 8.6.3.2 Association representatives in the course of investigating a complaint of harassment and OC OUC representatives in the course of investigating a grievance of harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; 9.6.3.3 8.6.3.3 An arbitrator in the determination of a grievance of harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties. 9.6.3.4 8.6.3.4 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.; 9.6.3.5 8.6.3.5 All formal grievances under this clause 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.

Rights of the Parties. 9.6.1 8.6.1 These procedures may not be used where a complainant has filed a complaint under the BC Human Rights Code. 9.6.2 8.6.2 The above noted procedure does not restrict OC’s right to take disciplinary action or the Association’s right to grieve such disciplinary action or to grieve an alleged violation of this Article. 9.6.3 8.6.3 Employees may process complaints about harassment through the grievance procedure according to Article 36 32 (Grievance Procedure) subject to the following changes: 9.6.3.1 8.6.3.1 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 Association may bypass that step of the procedure; 9.6.3.2 8.6.3.2 Association representatives in the course of investigating a complaint of harassment and OC representatives in the course of investigating a grievance of harassment shall have due regard for the privacy and confidentiality of any and all persons involved in the complaint or grievance; 9.6.3.3 8.6.3.3 An arbitrator in the determination of a grievance of harassment may take reasonable steps to protect the privacy and confidentiality of all parties, subject to the requirement of fairness to all parties. 9.6.3.4 8.6.3.4 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.; 9.6.3.5 8.6.3.5 All formal grievances under this clause 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.