Role of the Union. The Company recognizes its shared interest with the union in providing a safe and healthful workplace to employees. The Union is an important partner in creating a harassment free workplace. The Company also recognizes the importance of the union’s representation duties to its members. The Union will have the ability to appoint or designate any appropriately trained bargaining unit employee to participate in a workplace harassment investigation. For the purposes of this Letter of Understanding, this individual shall be known as the “Union Representative”. The role of the Union Representative in dealing with incidents of workplace harassment where a bargaining unit member is (a) the complainant, or (b) the respondent shall be as follows: The Union Representative will have the right to participate in any investigatory interviews of bargaining unit members conducted by the Company, unless the bargaining unit member elects otherwise. The Union Representative will be permitted to take written notes during the interview and to ask questions. The Union Representative shall not participate in any investigatory interviews of salaried employees. Wherever possible, the Union Representative participating in a harassment investigation will be selected from the same shift on which the complaint arose. The Union Representative may recommend that the Company and Union Representative interview other bargaining unit witnesses. Such request will not be unreasonably denied. The Union Representative will have a reasonable opportunity to provide his/her assessment of any investigatory interviews in which he/she has participated to the Company’s investigator prior to the investigation being closed. The Union Representative may provide the Company with a non- binding written recommendation indicating whether he/she believes a finding of harassment is warranted. The Union Representative may produce a comprehensive, independent investigation report. However, the Union agrees that the Company will not be required to delay the conclusion of its own investigation until such time as the Union Representative has completed its report (if any). The Union Representative may share its investigation report with the Company, but is not obligated to do so. The Company may share with the Union any non- privileged investigation report it prepares but is not obligated to do so. It is recognized that the Union’s participatory rights above are subject to, and restricted by, any order by a Ministry of Labour Inspector pursuant to section 55.3(1) of the Occupational Health and Safety Act. The Company shall provide up to two (2) Union Representatives with a paid leave of absence of up to one (1) regular working day every twenty-four (24) months to attend harassment and/or investigations refresher training. Up to two (2) employees newly appointed to the Union Representative role will be provided with a one (1) time paid leave of absence of up to five (5) regular working days to attend initial harassment and/or investigations training. The Union will be responsible for any costs associated with the training itself. The Union Representative shall maintain strict confidentiality over all matters pertaining to the harassment investigation including, but not limited to, the identities of the complainant and respondent, the nature of the allegations, and the outcome of the investigation. The Company agrees to discuss with the Plant Chair the outcome of any harassment investigation where the complainant or respondent is a bargaining unit employee. The Company will provide the Plant Chair with a copy of any investigative outcome letter that is issued to a bargaining unit employee. Nothing in this Letter of Agreement limits the Company’s right to take whatever action(s) it deems necessary relating to carrying out an investigation appropriate in the circumstances in accordance with the Occupational Health and Safety Act. Nothing in this Letter of Agreement limits the Union’s right to file a grievance where the Union deems it appropriate to do so. Women’s Advocate: The parties recognize that female employees may sometimes need to discuss with another woman matters such as violence or abuse at home or workplace harassment. They may also need to find out about specialized resources in the community, such as counsellors or women’s shelters, to assist them in dealing with these and other issues. For this reason, the parties agree to recognize the role of a Women’s Advocate at Integram Windsor Seating. The Women’s Advocate will meet with female members as required, to discuss problems with them and refer them to the appropriate community agency when necessary. The Company will provide access to a private area so that confidentiality can be maintained when a female employee is meeting with the Women’s Advocate. A newly appointed Women’s Advocates will be allowed to participate in an initial 40 hour training session, for which the Company will be responsible for the payment of regular wages and registration fees. Existing Women’s Advocates will participate in an annual three (3) day training program, including travel, for which the Company will be responsible for the payment of regular wages and registration fees. The Union will be responsible for transportation, lodging, and meal expenses Violence against Women: The parties agree that when there is adequate verification from a recognized professional (i.e. doctor, lawyer, professional counselor) a woman who is in an abusive or violent personal situation will not be subjected to discipline without giving full consideration to the facts in the case of each individual and the circumstances surrounding the incident otherwise supportive of discipline. This statement of intent is subject to a standard of good faith on the part of the Company, the Union, and affected employees and will not be utilized by the Union or employees to subvert the application of otherwise appropriate disciplinary measures. Moment of Silence: The parties agree that a minute of silence will be observed each year in memory of women who have died due to acts of violence. This minute of silence will be observed on December 6 at 11:00 a.m. or when Integram management determines the observance will have the least impact on plant operations. Confidential Assistance: The parties recognize that female employees may sometimes need to privately and confidentially discuss matters such as violence or abuse at home or workplace harassment. For confidential assistance, an employee can contact: The Women’s Advocate at Integram. The UNIFOR Employment Equity Representative at 1-519-944-5866. The Magna Employee Hotline at 0-000-000-0000; The Employee Assistance Program (EAP) at 0-000-000-0000; Letter of Understanding Anti-Violence The Company and the Union are committed to preventing workplace violence and are responsible for providing a safe and healthy workplace for all employees. Reasonable steps will be taken to protect employees from workplace violence from all sources. The Ontario Occupational Health and Safety Act defines workplace violence as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an: Attempt to exercise physical force against a worker in a workplace, that could cause physical injury to the worker. Statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. Violent behaviour from anyone in the workplace is unacceptable. This policy applies to all Company employees, as well as customers, clients, contractors, suppliers or other visitors to the facility. Everyone is expected to uphold this policy and to work together to prevent workplace violence. The Company has established various programs that help implement this policy. These include a health and safety inspection process that conducts a regular assessment of potential issues that might contribute to workplace violence, as well as an Emergency Response Plan, for the purposes of summoning immediate assistance where required. The Company will ensure this policy and the supporting programs where required. The Company will ensure this policy and the supporting programs are implemented and maintained and that all employees have access to appropriate information and instruction to protect them from potential violence in the workplace. Every employee is required to work in compliance with this policy and the supporting programs. All employees are encouraged to raise any concerns about workplace violence and to promptly report violent incidents or threats. In the event that an employee becomes aware of a violent incident, or threat of violence, they are strongly encouraged to report this immediately to their Supervisor or Manager, the Human Resources Department, Health and Safety Coordinator, Union Representative, or to a member of the Joint Health and Safety Committee. This includes issues of domestic violence, and belief that a spouse or partner may pose a risk to them in the workplace; they are encouraged to report those concerns using the process described above, so that appropriate precautions can be taken. Complaints of workplace violence will be investigated in a fair and timely manner. No employee will be adversely affected in employment as the result of the good faith reporting of a policy violation or participation in the investigation of such a report. The Company is committed to enforcing this policy and will take responsible security measures to safeguard the workplace and well being of employees. Anyone who is found to have engaged in workplace violence will be subject to disciplinary action, up to and including dismissal, as well as potential criminal prosecution pursuant to applicable provincial and federal law.
Appears in 1 contract
Samples: Collective Agreement
Role of the Union. 32.1 The Company recognizes its shared interest with union commits itself to promote a harmonious and productive workplace environment. Every effort will be made to ensure that the union in providing a safe dispute settling procedures are followed and healthful workplace industrial disruption is avoided. In recognition of this, the following procedure will be implemented: Attendance of work sites Union Officials shall have the right to enter the work site to observe the performance of work and talk to employees. The Union is an important partner in creating a harassment free workplaceunion representative will endeavour to talk to members during their breaks. The Company also recognizes the importance of the union’s representation duties to its members. The Union will have the ability to appoint or designate any appropriately trained bargaining unit employee to participate in a workplace harassment investigation. For the purposes of this Letter of Understanding, this individual shall be known as the “Union Representative”. The role of the Union Representative in dealing with incidents of workplace harassment where a bargaining unit member is (a) the complainant, or (b) the respondent shall be as follows: The Union Representative will have the right to participate in any investigatory interviews of bargaining unit members conducted by the Company, unless the bargaining unit member elects otherwise. The Union Representative will be permitted to take written notes during the interview and to ask questions. The Union Representative shall not participate in any investigatory interviews of salaried employees. Wherever possible, the Union Representative participating in a harassment investigation will be selected from the same shift on which the complaint arose. The Union Representative may recommend that the Company and Union Representative interview other bargaining unit witnesses. Such request will not be unreasonably denied. The Union Representative will have a reasonable opportunity to provide hisUnion/her assessment of any investigatory interviews in which he/she has participated to the Company’s investigator prior to the investigation being closed. The Union Representative may provide the Company with a non- binding written recommendation indicating whether he/she believes a finding of harassment is warranted. The Union Representative may produce a comprehensive, independent investigation report. However, the Union agrees that the Company will not be required to delay the conclusion of its own investigation until such time as the Union Representative has completed its report (if any). The Union Representative may share its investigation report with the Company, but is not obligated to do so. The Company may share with the Union any non- privileged investigation report it prepares but is not obligated to do so. It is recognized that the Union’s participatory rights above are subject to, and restricted by, any order by a Ministry of Labour Inspector pursuant to section 55.3(1) of the Occupational Health and Safety Act. Management Co-operation The Company shall provide up pay roll deduction services for union fees. Such fees shall be remitted to two (2) the union on a monthly basis;
32.2 Role of Union Representatives Delegates Union delegates shall have: The right to be treated fairly and to perform their role as union delegate without any discrimination in their employment; The right to formal recognition by the employer that endorsed union delegates speak on behalf of union members in the workplace; The right to bargain collectively on behalf of those they represent; The right to consultation, and access to reasonable information about the workplace and the business; The right to reasonable paid time to represent the interests of members to the Management; The right to reasonable paid time during normal working hours to consult with union members; The right to address new employees about the benefits of union membership at the time that they enter employment; The right to reasonable access to communication equipment for the purpose of carrying out work as a paid leave delegate and consulting with workplace colleagues and the union The right to place union information on a notice board in a prominent location in the canteens.
32.2 Leave to attend Trade Union Training Courses Leave of absence shall be granted to Union delegates to attend trade union training courses or seminars of up to one (1) regular working day every twenty5 days per annum non-four (24) months cumulative, on the following conditions:- That Company operating requirements permit the granting of leave. However, approval shall not be unreasonably withheld. That the scope, content, and level of the course are such as to attend harassment and/or investigations refresher trainingcontribute to a better understanding of employee relations. Up Leave of absence granted under this clause shall be with full pay i.e. pay shall not include shift penalty payments or overtime. In exceptional circumstances the union may petition the company to two (2) employees newly appointed to pay penalties. Leave of absence granted under this clause shall count as service for all purposes. Any course conducted by or with the support of the Union Representative role will or the Company shall be considered as contributing to a better understanding of industrial relations.
32.3 Paid Union Meetings Weekly and part-time employees, together with those casual employees rostered on at the time and on the day on which an authorised meeting is held, who are members of the Union shall be allowed 1 stop work meeting per quarter (2 per year to be held at the Northgate offices) in the nominal life of this Award, authorised by the President and/or Secretary of the Union, without loss of ordinary pay, for the purpose of discussing matters affecting the Award, provided with a one (1) time paid leave that the following conditions are observed. At least fourteen days’ notice of absence of up such meeting given to five (5) regular working days to attend initial harassment and/or investigations trainingEurest Site Manager. The Union will be responsible for any costs associated with the training itself. The Union Representative shall maintain strict confidentiality over all matters pertaining to the harassment investigation including, but not limited to, the identities period of the complainant and respondent, the nature meeting which shall commence after 1:30 p.m. on any day shall be of the allegationsnot more than three hours duration including all necessary travelling time, and the outcome of the investigationemployees rostered on shall return by 4.30p.m on that day. The Company agrees to discuss with the Plant Chair the outcome of any harassment investigation where the complainant or respondent is a bargaining unit employee. The Company will provide the Plant Chair with a copy of any investigative outcome letter that is issued to a bargaining unit employee. Nothing in this Letter of Agreement limits the Company’s right to take whatever action(s) it deems necessary relating to carrying out an investigation appropriate in the circumstances in accordance with the Occupational Health and Safety Act. Nothing in this Letter of Agreement limits the Union’s right to file a grievance where the Union deems it appropriate to do so. Women’s Advocate: The parties recognize that female employees may sometimes need to discuss with another woman matters such as violence or abuse at home or workplace harassment. They may also need to find out about specialized resources in the community, such as counsellors or women’s shelters, to assist them in dealing with these and other issues. For this reason, the parties agree to recognize the role of a Women’s Advocate at Integram Windsor Seating. The Women’s Advocate will meet with female members as required, to discuss problems with them and refer them to the appropriate community agency when necessary. The Company will provide access to a private area so that confidentiality can Payment shall be maintained when a female employee is meeting with the Women’s Advocate. A newly appointed Women’s Advocates will be allowed to participate in an initial 40 hour training session, for which the Company will be responsible made for the payment of regular wages and registration fees. Existing Women’s Advocates will participate in an annual three (3) day training programperiod that the weekly or part -time employee was rostered for duty, including travelor, for which the Company will be responsible for the payment of regular wages and registration fees. The Union will be responsible for transportation, lodging, and meal expenses Violence against Women: The parties agree that when there is adequate verification from a recognized professional (i.e. doctor, lawyer, professional counselor) a woman who is in an abusive or violent personal situation will not be subjected to discipline without giving full consideration to the facts in the case of each individual a casual employee for the time rostered on and the circumstances surrounding employee was in attendance as set out in (ii) above. The meeting shall be held at a time which cause minimum disruption to the incident otherwise supportive Eurest operation at site. At least two of disciplinethese meetings must be held at the Eurest North Gate Office. This statement Payment of intent is subject to a standard wages shall be made only upon the employer being in receipt of good faith satisfactory evidence of the employee’s attendance at the meeting. Skeleton crewing arrangements will be agreed between the union and the Company for the duration of the meeting. Employees who are not members of the union and who are rostered for work on the part day and for the duration of the Company, the Union, and affected employees and will not be utilized by the Union or employees to subvert the application stop work meeting of otherwise appropriate disciplinary measures. Moment of Silence: The parties agree that a minute of silence union members will be observed each year in memory of women who have died due to acts of violence. This minute of silence will be observed on December 6 at 11:00 a.m. or when Integram management determines the observance will have the least impact on plant operations. Confidential Assistance: The parties recognize that female employees may sometimes need to privately and confidentially discuss matters such as violence or abuse at home or workplace harassment. For confidential assistance, an employee can contact: The Women’s Advocate at Integram. The UNIFOR Employment Equity Representative at 1-519-944-5866. The Magna Employee Hotline at 0-000-000-0000; The Employee Assistance Program (EAP) at 0-000-000-0000; Letter of Understanding Anti-Violence The Company and the Union are committed to preventing workplace violence and are responsible for providing a safe and healthy workplace for all employees. Reasonable steps will be taken to protect employees from workplace violence from all sources. The Ontario Occupational Health and Safety Act defines workplace violence as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an: Attempt to exercise physical force against a worker in a workplace, that could cause physical injury to the worker. Statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. Violent behaviour from anyone in the workplace is unacceptable. This policy applies to all Company employees, as well as customers, clients, contractors, suppliers or other visitors to the facility. Everyone is expected to uphold this policy and to work together to prevent workplace violence. The Company has established various programs that help implement this policy. These include a health and safety inspection process that conducts a regular assessment of potential issues that might contribute to workplace violence, as well as an Emergency Response Plan, for the purposes of summoning immediate assistance where required. The Company will ensure this policy and the supporting programs where required. The Company will ensure this policy and the supporting programs are implemented and maintained and that all employees have access to appropriate information and instruction to protect them from potential violence in the workplace. Every employee is required to work as rostered. Where the canteens and associated activities are required to continue during the time of a meeting and sufficient employees who are not members of the union are not available, union members who freely volunteer to work during the time of the meeting shall be entitled to attend a separate paid stop work meeting in compliance accordance with this policy and the supporting programs. All employees are encouraged to raise any concerns about workplace violence and to promptly report violent incidents or threats. In the event that an employee becomes aware of a violent incident, or threat of violence, they are strongly encouraged to report this immediately to their Supervisor or Manager, the Human Resources Department, Health and Safety Coordinator, Union Representative, or to a member of the Joint Health and Safety Committee. This includes issues of domestic violence, and belief that a spouse or partner may pose a risk to them in the workplace; they are encouraged to report those concerns using the process described above, so that appropriate precautions can be taken. Complaints of workplace violence will be investigated in a fair and timely manner. No employee will be adversely affected in employment as the result of the good faith reporting of a policy violation or participation in the investigation of such a report. The Company is committed to enforcing this policy and will take responsible security measures to safeguard the workplace and well being of employees. Anyone who is found to have engaged in workplace violence will be subject to disciplinary action, up to and including dismissal, as well as potential criminal prosecution pursuant to applicable provincial and federal lawclause.
Appears in 1 contract
Samples: Enterprise Agreement
