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Joint Employment Equity Committee:

There will be a Joint Employment Equity Committee established.  There will be equal numbers of Management and Union representatives as members of each Joint Employment Equity Committee.  The Union members of the Joint Committee will be allowed necessary time to perform their functions.  These members will be selected by the Union.  The role of this Committee shall include information gathering, barrier identification, the development of goals and timetables, and other elements of the plan that require local input.  Members of this Committee will also play a role in the investigation of harassment complaints.

 

The Joint Employment Equity Committee will meet on a regular basis to attend to such matters as the training of Committee members, Committee reports, and Employer-wide initiatives.

 

In addition, the Joint Employment Equity Committee, in consultation with the National Union, will develop and implement training not limited to anti-harassment training as well as employment equity training for all employees.

 

Filing a complaint:

If an employee believes he/she has been harassed and/or discriminated against on the basis of any prohibited ground of discrimination, there are specific actions that may be taken to put a stop to it:

 

  •       Request a stop of the unwanted behaviour;

 

  •       Inform the individual that is doing the harassing or the discriminating against you that the behaviour is unwanted and unwelcome;

 

  •       Document the events, complete with times, dates, location, witnesses and details;

 

  •       Report the incident to the Supervisor/Committee person/Employment Equity Representative.

 

However, it is also understood that some victims of discrimination or harassment are reluctant to confront their harasser, or they may fear reprisals, lack of support from their work group, or disbelief by their supervisor or others.  In this event, the victim may seek assistance by reporting the incident directly to any Union representative/Employer official/Employment Equity Representative.

 

Investigation:

Upon receipt of the complaint, the Supervisor/Committee person/Employment Equity Representative contacted will immediately inform their Joint Employment Equity Committee.  The Joint Employment Equity Committee will then interview the employee and advise the employee if the complaint can be resolved immediately or if the complaint should be formalized in writing.  Properly completed copies of this complaint will be forwarded to the Human Resource Manager and the Unit Chairperson.

 

A formal investigation of the complaint will then begin by the Joint Employment Equity Committee, interviewing the alleged harasser, witnesses and other persons names in the complaint.  Any related documents may also be reviewed.  Should the complaint involve sexual harassment/discrimination, the process will include a woman.

 

Resolution:

The Joint Employment Equity Committee will then complete a report on the findings of the investigation.  The Chairperson and Human Resources Manager will make a determination on an appropriate resolution, in an attempt to resolve within ten (10) days and ensure the resolution is fair and consistent with the intent of the Employer and National Unifor policy regarding discrimination and harassment in the workplace.  At the conclusion of this step, the complaint, if unresolved, will be inserted into the third step of the grievance procedure for resolution.  In the event that the complaint is not resolved by the parties at the third step of the grievance procedure, it may be appealed to arbitration in accordance with the provisions of the collective agreement. 

The parties agree that this procedure is an alternative complaint procedure and as such, complaints should not be pursued through both the grievance procedure and the Human Rights Complaint procedure.

 

Right to refuse:

An employee alleging harassment in the workplace is encouraged to use the above procedure to resolve a complaint.  However, it is agreed that when the safety of an employee is being threatened, it may be necessary for that employee to leave the job.  In such case, the complainant advises the Supervisor, who in turn advises the Union representative.

 

The complainant details the complaint in a written statement with the Joint Employment Equity Committee.

 

The Human Resource Manager, the Unit Chairperson and the Joint Employment Equity Committee are notified.  The Joint Employment Equity Committee then conducts a thorough investigation.

 

The complainant is re-assigned to a suitable area or sent home without loss of pay until the investigation is begun, unless both Union and Management agree that an extension is necessary.

 

The pursuit of frivolous allegations through the Human Rights Complaint Procedure has a detrimental effect on the spirit and intent for which this policy was rightfully developed and should be discouraged.

 

All employees have the right to file a complaint with the provincial Human Rights Commission and to seek redress under the Human Rights Code.

 

All documentation is to be secured in a location agreeable to all parties.

 

All employees have the right to file a complaint with the provincial Human Rights Commission and to seek redress under the Human Rights Code.

 

Training:

In consultation with the National Union, three-day anti-harassment training will be developed for all union representatives and members of management.  In addition, the Unifor four-hour anti-harassment training program will be delivered to all employees.

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