Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment. 5.02 For the purposes of the Article, "sexual harassment" includes: (a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is unwanted; or (b) implied or expressed promise of reward for complying with a sexually oriented request; or (c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request or (d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study. 5.03 For the purposes of this clause, "Workplace Harassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of their 5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies: (a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; and (b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority. 5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from all forms of harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "“Workplace Harassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- co-worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirtheir/ race, sex, sexual orientation, creed, religion, colour, age, national origin, citizenship, ethnic origin, disability, family status, marital status, record of offences, gender identity or gender expression.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace racial harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace racial harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment.
5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "" Workplace Harassmentharassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- co-worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirtheir race, sex, sexual orientation, religion, citizenship, colour, creed, ancestry, place of origin, ethnic origin, disability, family status, marital status, record of offences gender expression or gender identity.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
5.06 The Union and the Employer agree to work together in following the Principles of Employment Equity, that all people regardless of race, religion, sex, sexual orientation, aboriginal status or disability are entitled to equal employment opportunities.
5.07 All of the above apply to workplace violence up to and including;
(a) bullying, threats, intimidation irrespective of race, sex, sexual orientation, religion, citizenship, colour, creed, ancestry, place of origin, ethnic origin, disability, family status, marital status, record of offences gender expression or gender identity. (b) physical violence towards a co-worker / management.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "Workplace Harassmentharassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- co-worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirbargaining
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace racial harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace racial harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "" Workplace Harassmentharassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirof
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; andany
(b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "Workplace Harassmentharassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- co-worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirtheir race, sex, sexual orientation, colour, creed, religion, age, place of origin, ethnic origin, citizenship, disability, family status, record of offences, gender expression or gender identity.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace racial harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace racial harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "" Workplace Harassmentharassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- co-worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirtheir race, sex, sexual orientation, religion, citizenship, colour, creed, ancestry, place of origin, ethnic origin, disability, family status, marital status, record of offences gender expression or gender identity.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.,
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from sexual and/or racial harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "Workplace Harassmentworkplace harassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- co-worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirhis/her race, colour, creed, ancestry, place of origin, ethnic origin or gender identity.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace racial harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace racial harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted The parties hereto subscribe to the principles of the Human Rights Act of British Columbia. Neither the Union nor the Employer in carrying out their obligations under this Agreement shall discriminate against a person(s) on the grounds of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual attention orientation or age of that person or because that person has been convicted of a persistent criminal or abusive nature, made by a person who knows summary conviction offence that is unrelated to the employment or ought reasonably to know the intended employment of that such attention is unwanted; orperson.
(b) implied or expressed promise The parties recognize the benefit to be derived from a work environment free from harassment where the conduct and/or language of reward for complying with a sexually oriented request; orall employees meet the acceptable social standard of the workplace. The parties agree to maintain such an environment.
(c) implied or The personal rights of employees shall be respected by both parties and in recognition thereof the parties agree that all included and excluded employees have the right to work in an environment free from harassment. To this end the parties support and subscribe to the principles, philosophy, and accountabilities expressed threat or reprisal, and established in the form either of actual reprisal or the denial of opportunity, for refusal Employer's Corporate "Workplace Harassment" policy as updated from time to comply with a sexually oriented request ortime.
(d) repeated sexually oriented remarks and/or behaviour which The parties recognize that allegations of harassment may reasonably involve sensitive disclosures. Confidentiality is required so as to ensure that those who may have been harassed feel free to come forward, and to also ensure that the reputations of both the complainant and the respondent may be perceived to create a negative psychological and/or emotional environment for work and studyprotected.
5.03 For (e) A formal written complaint, where initiated, must be filed within six months of the purposes alleged occurrence to the first excluded level of management not involved in the matter. Within five workdays of receipt of the complaint, the Employer's designate shall notify the local staff representative in writing that a complaint has been received and provide the names of the complainant and the respondent(s).
(f) Pending the determination of the complaint, the Employer may take interim measures to separate the employees concerned, if deemed necessary. Any such action taken under this clausesection will not be deemed disciplinary in nature, "Workplace Harassment" includes engaging in or seen as presumption of guilt or innocence. The respondent shall have the right to receive a course copy of comment or conduct that is known or ought reasonably the allegations and to be known given a full opportunity to respond to them.
(g) The Employer shall conclude its investigation of the complaint within 10 workdays of receiving it. An extension for the investigation period may be unwelcome where such comment or conduct consists requested of, and granted by, the local staff representative. The extension, if granted, shall not, in any event, be longer than 20 workdays from the date of words or actions by receipt of the Employer, supervisor, or written complaint.
(h) Both the complainant and the respondent (if a co- worker in member of the bargaining unit) shall be instructed of their right to have a xxxxxxx present during all meetings convened during the course of the investigation. Each party shall have the right to be represented independently.
(i) The Employer's designate shall complete a written report within three workdays of the completion of the investigation. The complainant, the respondent, and the local staff representative shall be apprised of the recommendation(s) and/or action(s) to be taken.
(j) Where disciplinary action is pursued by the Employer it shall be subject to the provisions of Article 9 of this Agreement.
(k) Where the complainant or the respondent is not satisfied with the final disposition of the matter, the dissatisfied party may initiate a grievance at Step 3 of the procedure within five workdays of receipt of the Employer's recommendations.
(l) Where a grievance has been initiated, the Employer agrees to fully disclose to the staff representative, all information gathered during the course of its investigation which may be relied upon in a hearing. The Union shall provide to the Employer the facts upon which it relies in advancing the grievance.
(m) Where the complaint is determined to be frivolous, or vindictive, the Employer will take appropriate action, which disrespects or causes humiliation to a bargaining unit employee because of their
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:include discipline.
(an) that The foregoing provisions do not preclude an employee from filing a complaint pursuant to Section 8 of the aggrieved BC Human Rights Act; however, an employee (the complainant) shall not be required entitled to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time duplication of work without regard to the respondent's seniorityprocess.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "" Workplace Harassmentharassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- co-worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirtheir race, sex, sexual orientation, religion, citizenship, colour, creed, ancestry, place of origin, ethnic origin, disability, family status, marital status, record of offences gender expression or gender identity.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from sexual and/or racial harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is in unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "Workplace Harassmentharassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- co-worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirhis/her race, colour, creed, ancestry, place of origin, ethnic origin or gender identity.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace racial harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace racial harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "Workplace Harassmentharassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirtheir race, sex, sexual orientation, age, religion, disability, family status, marital status, colour, creed, national origin, ethnic origin, citizenship, record of offences, gender expression or gender identity.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.shall
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted The parties hereto subscribe to the principles of the Human Rights Act of British Columbia. Neither the Union nor the Employer in carrying out their obligations under this agreement shall discriminate against a person(s) on the grounds of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual attention orientation or age of that person or because that person has been convicted of a persistent criminal or abusive nature, made by a person who knows summary conviction offence that is unrelated to the employment or ought reasonably to know the intended employment of that such attention is unwanted; orperson.
(b) implied or expressed promise The parties recognize the benefit to be derived from a work environment free from harassment where the conduct and/or language of reward for complying with a sexually oriented request; orall employees meet the acceptable social standard of the workplace. The parties agree to maintain such an environment.
(c) implied or The personal rights of employees shall be respected by both parties and in recognition thereof the parties agree that all included and excluded employees have the right to work in an environment free from harassment. To this end the parties support and subscribe to the principles, philosophy, and accountabilities expressed threat or reprisal, and established in the form either of actual reprisal or the denial of opportunity, for refusal Employer's Corporate "Workplace Harassment" policy as updated from time to comply with a sexually oriented request ortime.
(d) repeated sexually oriented remarks and/or behaviour which The parties recognize that allegations of harassment may reasonably involve sensitive disclosures. Confidentiality is required so as to ensure that those who may have been harassed feel free to come forward, and to also ensure that the reputations of both the complainant and the respondent may be perceived to create a negative psychological and/or emotional environment for work and studyprotected.
5.03 For (e) A formal written complaint, where initiated, must be filed within six months of the purposes alleged occurrence to the first excluded level of management not involved in the matter. Within five workdays of receipt of the complaint, the Employer's designate shall notify the local staff representative in writing that a complaint has been received and provide the names of the complainant and the respondent(s).
(f) Pending the determination of the complaint, the Employer may take interim measures to separate the employees concerned, if deemed necessary. Any such action taken under this clausesection will not be deemed disciplinary in nature, "Workplace Harassment" includes engaging in or seen as presumption of guilt or innocence. The respondent shall have the right to receive a course copy of comment or conduct that is known or ought reasonably the allegations and to be known given a full opportunity to respond to them.
(g) The Employer shall conclude its investigation of the complaint within 10 workdays of receiving it. An extension for the investigation period may be unwelcome where such comment or conduct consists requested of, and granted by, the local staff representative. The extension, if granted, shall not, in any event, be longer than 20 workdays from the date of words or actions by receipt of the Employer, supervisor, or written complaint.
(h) Both the complainant and the respondent (if a co- worker in member of the bargaining unit) shall be instructed of their right to have a xxxxxxx present during all meetings convened during the course of the investigation. Each party shall have the right to be represented independently.
(i) The Employer's designate shall complete a written report within three workdays of the completion of the investigation. The complainant, the respondent, and the local staff representative shall be apprised of the recommendation(s) and/or action(s) to be taken.
(j) Where disciplinary action is pursued by the Employer it shall be subject to the provisions of Article 9 of this agreement.
(k) Where the complainant or the respondent is not satisfied with the final disposition of the matter, the dissatisfied party may initiate a grievance at Step 3 of the procedure within five workdays of receipt of the Employer's recommendations.
(l) Where a grievance has been initiated, the Employer agrees to fully disclose to the staff representative, all information gathered during the course of its investigation which may be relied upon in a hearing. The Union shall provide to the Employer the facts upon which it relies in advancing the grievance.
(m) Where the complaint is determined to be frivolous, or vindictive, the Employer will take appropriate action, which disrespects or causes humiliation to a bargaining unit employee because of their
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:include discipline.
(an) that The foregoing provisions do not preclude an employee from filing a complaint pursuant to Section 8 of the aggrieved BC Human Rights Act; however, an employee (the complainant) shall not be required entitled to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time duplication of work without regard to the respondent's seniorityprocess.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 4.01 The Employer and the Union shall take all reasonable steps are committed to maintain ensuring a working work environment which that is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of . Harassment is defined as a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "Workplace Harassment" includes engaging in a “course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employerunwelcome”, supervisor, or a co- worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of their
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:denies individual dignity and respect
(a) that the aggrieved employee (the complainant) not be required Remarks, innuendoes, or taunting about a person in relation to continue to work in proximity to his or her racial or ethnic background, colour, place of birth, religion, or any person (respondent) found to have engaged in any sexual or workplace harassment conduct; andother prohibited grounds of discrimination;
(b) Displaying material that is racist, derogatory or objectionable in relation to any of the prohibited grounds;
(c) Refusing to converse or work cooperatively with an employee who because of racial or ethnic background or any of the other prohibited grounds of discrimina- tion;
(d) Insulting gestures, graphics or jokes, based on a person’s sexual orientation or any other prohibited grounds. If an employee believes they have been harassed and/ or discriminated against on the basis of any prohibited ground of discrimination, there are specific actions that may be undertaken. The employee should request the harasser to stop the unwanted behaviour by informing the harassing individual(s) that the behaviour is found unwanted and unwelcome. Should the employee not feel comfortable addressing the harasser directly, they may request the assistance of the manager or a Union representative. If the unwelcome behaviour was to continue, the employee will consult the Employer Policy on harassment and will be free to pursue all avenues including the complaint investigation and resolution. The Parties agree that an employee may have engaged a represen- tative of the Union with them throughout the process, if requested. The Employer will advise the employee of their right to union representation.
(a) The Employer shall not assign a worker to be the sole caregiver on any unit to work alone in sexual a potentially violent situation, or with a potentially violent client.
(b) The Employer will ensure that an adequate number of response teams are adequately equipped and available to safely respond to incidents of violence.
(c) The Employer shall take every precaution reasonable in the circumstance for the protection of employees under Xxxx 168, which currently defines workplace harassment conduct be reassigned violence as:
(i) “The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to another location a worker”
(ii) “An attempt to exercise physical force against a worker in a workplace that could cause physical injury to a worker.”
(iii) “A statement or time of work without regard behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the respondent's seniorityworker.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.”
Appears in 1 contract
Samples: Collective Agreement
Workplace Harassment. 5.01 The Employer and the Union shall take all reasonable steps to maintain a working environment which is free from harassment.
5.02 For the purposes of the Article, "sexual harassment" includes:
(a) unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is unwanted; or
(b) implied or expressed promise of reward for complying with a sexually oriented request; or
(c) implied or expressed threat or reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request request; or
(d) repeated sexually oriented remarks and/or behaviour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.
5.03 For the purposes of this clause, "Workplace Harassment" includes engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by the Employer, supervisor, or a co- worker in the bargaining unit, which disrespects or causes humiliation to a bargaining unit employee because of theirtheir race, sex, sexual orientation, colour, creed, religion, age, , place of origin, ethnic origin, citizenship, disability, family status, marital status, record of offences, gender expression or gender identity.
5.04 Where an arbitrator concluded that Article 5.01 has been breached, the arbitrator may direct, among other remedies:
(a) that the aggrieved employee (the complainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or workplace harassment conduct; and
(b) that any employee who is found to have engaged in sexual or workplace harassment conduct be reassigned to another location or time of work without regard to the respondent's seniority.
5.05 The arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon other bargaining unit employees.
Appears in 1 contract
Samples: Collective Agreement