Common use of Sexual Harassment in the Work Place Clause in Contracts

Sexual Harassment in the Work Place. (a) The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment and the Employer shall take such actions as are necessary respecting an employee engaging in sexual harassment in the work place. (b) Sexual harassment means engaging in a course of vexatious comment or conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome and shall include, but not be limited to: (1) sexual solicitation or advance or inappropriate touching and sexual assault; (2) a reprisal, or threat of reprisal, which might reasonably be perceived as placing a condition of a sexual nature on employment by a person in authority after such sexual solicitation or advance or inappropriate touching is rejected. (1) An employee who wishes to pursue a concern arising from an alleged sexual harassment may submit a complaint in writing within thirty (30) days of the latest alleged occurrence through the Union directly to the Laboratory Manager. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (2) An alleged offender shall be given notice of the substance of such a complaint under this clause and shall be given notice of and be entitled to attend, participate in, and be represented at any hearing under this clause. (3) The Employer's designate and a union representative shall investigate the complaint and shall submit reports to the Laboratory Manager in writing within thirty (30) days of receipt of the complaint. The Laboratory Manager shall within thirty (30) days of receipt of the reports give such orders as may be necessary to resolve the issue. (4) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer may take appropriate action. Such action shall only be for just cause and may be grieved pursuant to Article 8. (5) Pending determination of the complaint, the Laboratory Manager may take interim measures to separate the employees concerned if deemed necessary. (6) In cases where sexual harassment may result in the transfer of the employee, it shall be the harasser who is transferred, except that the harassee may be transferred with his/her consent. (d) Where either Party to the proceeding is not satisfied with the Laboratory Manager's response, the complaint will, within thirty (30) days, be put before a panel consisting of a union representative, an employer representative, and a mutually agreed upon chairperson, all of whom shall be laboratory employees, and the majority decision will be final and binding. The panel shall have the right to: (1) dismiss the complaint; (2) determine the appropriate level of discipline to be applied to the offender; and (3) make a further order as is necessary to provide a final and conclusive settlement of the complaint. (e) An alleged offender under this clause shall not be entitled to grieve disciplinary action taken by the Employer which is consistent with the decision of the Laboratory Manager or the panel.

Appears in 1 contract

Samples: Collective Agreement

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Sexual Harassment in the Work Place. (a) The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment harassment, and the Employer shall take such actions as are necessary respecting an employee engaging in sexual harassment in the work place. (b) Sexual harassment means engaging in a course of vexatious comment or conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome and shall include, but not be limited to: (1) sexual solicitation or advance or inappropriate touching and sexual assault; (2) a reprisal, or threat of reprisal, which might reasonably be perceived as placing a condition of a sexual nature on employment by a person in authority after such sexual solicitation or advance or inappropriate touching is rejected. (1) An employee who wishes to pursue a concern arising from an alleged sexual harassment may submit a complaint in writing within thirty (30) days of the latest alleged occurrence through the Union directly to the Laboratory General Manager. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (2) An alleged offender shall be given notice of the substance of such a complaint under this clause and shall be given notice of and be entitled to attend, participate in, and be represented at any hearing under this clause. (3) The Employer's designate and a union Union representative shall investigate the complaint and shall submit reports to the Laboratory General Manager in writing within thirty (30) days of receipt of the complaint. The Laboratory General Manager shall within thirty (30) days of receipt of the reports give such orders as may be necessary to resolve the issue. (4) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer may take appropriate action. Such action shall only be for just cause and may be grieved pursuant to Article 8. (5) Pending determination of the complaint, the Laboratory General Manager may take interim measures to separate the employees concerned if deemed necessary. (6) In cases where sexual harassment may result in the transfer of the employee, it shall be the harasser who is transferred, except that the harassee may be transferred with his/her consent. (d) Where either Party to the proceeding is not satisfied with the Laboratory Manager's response, the complaint will, within thirty (30) days, be put before a panel consisting of a union representative, an employer representative, and a mutually agreed upon chairperson, all of whom shall be laboratory employees, and the majority decision will be final and binding. The panel shall have the right to: (1) dismiss the complaint; (2) determine the appropriate level of discipline to be applied to the offender; and (3) make a further order as is necessary to provide a final and conclusive settlement of the complaint. (e) An alleged offender under this clause shall not be entitled to grieve disciplinary action taken by the Employer which is consistent with the decision of the Laboratory Manager or the panel.

Appears in 1 contract

Samples: Collective Agreement

Sexual Harassment in the Work Place. (a) The Union and the Employer recognize the right of the employees to work in an environment free from sexual harassment harassment, and the Employer shall take such actions as are necessary respecting an employee undertakes to discipline any person employed by the Employer engaging in sexual harassment in the work place.which is defined as: (b) Sexual harassment means engaging in a course of vexatious comment or conduct of a sexual nature that is known or ought reasonably to shall be known to be unwelcome and shall include, but not be limited todefined as: (1) a person in authority asking an employee for sexual solicitation favours in return for being hired or advance receiving promotions or inappropriate touching and sexual assaultother employment benefits; (2) a reprisal, sexual advances with actual or threat of reprisal, which might reasonably be perceived as placing a condition of a sexual nature on employment by a person in authority after such sexual solicitation or advance or inappropriate touching is rejected. (1) An employee who wishes to pursue a concern arising from an alleged sexual harassment may submit a complaint in writing within thirty (30) days of the latest alleged occurrence through the Union directly to the Laboratory Manager. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (2) An alleged offender shall be given notice of the substance of such a complaint under this clause and shall be given notice of and be entitled to attend, participate in, and be represented at any hearing under this clause.implied work related consequences; (3) The Employer's designate and unwelcome remarks, questions, jokes or innuendo of a union representative shall investigate the complaint and shall submit reports to the Laboratory Manager in writing within thirty (30) days of receipt of the complaint. The Laboratory Manager shall within thirty (30) days of receipt of the reports give such orders as may be necessary to resolve the issue.sexual nature; including sexist comments or sexual invitations; (4) Where the complaint is determined to be verbal abuse, intimidation, or threats of a frivolous, vindictive or vexatious sexual nature, the Employer may take appropriate action. Such action shall only be for just cause and may be grieved pursuant to Article 8.; (5) Pending determination of the complaintleering, the Laboratory Manager may take interim measures to separate the employees concerned if deemed necessary.staring or making sexual gestures; (6) display of pornographic or other sexual materials; (7) offensive pictures, graffiti, cartoons or sayings; (8) unwanted physical contact such as touching, patting, pinching, hugging; (9) physical assault of a sexual nature. This definition of sexual harassment is not meant to inhibit interactions or relationships based on mutual consent or normal social contact between employees. (c) In the cases of sexual harassment, the employee being harassed has the right to request to discontinue contact with the harasser while the matter is under investigation. In cases where sexual harassment is proven and may result in the transfer of the an employee, where possible, it shall be the harasser who is transferred, except that the harassee may . The employee who is harassed shall not be transferred with against his/her consentwill. (d) Where either Party to An employee may initiate a grievance under this clause at any step of the proceeding is not satisfied with the Laboratory Manager's response, the complaint will, within thirty (30) days, be put before a panel consisting of a union representative, an employer representative, and a mutually agreed upon chairperson, all of whom shall be laboratory employees, and the majority decision grievance procedure. Grievances under this clause will be final handled with all possible confidentiality and binding. The panel shall have the right to: (1) dismiss the complaint; (2) determine the appropriate level of discipline to be applied to the offender; and (3) make a further order as is necessary to provide a final and conclusive settlement of the complaintdispatch. (e) An alleged offender under this clause shall not be entitled entitled: (1) to grieve disciplinary action taken by be given notice of the Employer substance of a grievance under this clause; (2) to be given notice of and to attend, participate in and be represented at any arbitration hearing which is consistent with the decision held as a result of the Laboratory Manager or the panela grievance under this clause.

Appears in 1 contract

Samples: Collective Agreement

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Sexual Harassment in the Work Place. (a) The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment harassment, and the Employer shall take such actions as are necessary respecting an employee engaging in sexual harassment in the work place. (b) Sexual harassment means engaging in a course of vexatious comment or conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome and shall include, but not be limited to: (1) sexual solicitation or advance or inappropriate touching and sexual assault; (2) a reprisal, or threat of reprisal, which might reasonably be perceived as placing a condition of a sexual nature on employment by a person in authority after such sexual solicitation or advance or inappropriate touching is rejectedunwelcome. (1) An employee who wishes to pursue a concern arising from an alleged sexual harassment may submit a complaint in writing within thirty (30) days of the latest alleged occurrence through the Union directly to the Laboratory ManagerEmployer. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (2) An alleged offender shall be given notice of the substance of such a complaint under this clause and shall be given notice of and be entitled to attend, participate in, and be represented at any hearing under this clause. (3) The Employer's Employer designate and a union Union representative shall investigate the complaint and shall submit reports to the Laboratory Manager Employer in writing within thirty (30) days of receipt of the complaint. The Laboratory Manager Employer shall within thirty (30) days of receipt of the reports give such orders as may be necessary to resolve the issue. (4) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer may take appropriate action. Such action shall only be for just cause and may be grieved pursuant to Article 8. (5) Pending determination of the complaint, the Laboratory Manager may take interim measures to separate the employees concerned if deemed necessary. (6) In cases where sexual harassment may result in the transfer of the employee, it shall be the harasser who is transferred, except that the harassee may be transferred with his/her consent. (d) Where either Party party to the proceeding is not satisfied with the Laboratory ManagerEmployer's response, the complaint will, within thirty (30) days, be put before a panel consisting of a union Union representative, an employer Employer representative, and a mutually agreed upon chairperson, all of whom shall be laboratory employees, and the majority decision will be final and binding. The panel shall have the right to: (1) dismiss the complaint; (2) determine the appropriate level of discipline to be applied to the offender; and (3) make a further order as is necessary to provide a final and conclusive settlement of the complaint. (e) An alleged offender under this clause shall not be entitled to grieve disciplinary action taken by the Employer which is consistent with the decision of the Laboratory Manager Employer or the panel.

Appears in 1 contract

Samples: Collective Agreement

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