ARTICLE 31 - Personal Rights
31.01 No Personal Harassment
(a) Prohibition Against Personal Harassment
The Employer recognizes the right of all Employees to work in an environment which is free of personal harassment. Accordingly, the personal harassment of any Employee is prohibited.
(b) Definition Of Personal Harassment
Any discriminatory behaviour at or related to the workplace which denies an individual their dignity or respect or which adversely affects their terms or conditions of employment or their job security or career advancement prospects by creating an intimidating, coercive, abusive, restrictive, offensive, embarrassing or humiliating work environment is considered to be personal harassment and will not be tolerated.
Such prohibited discriminatory behaviour includes, but is not limited to, any discrimination on the basis of race, national or ethnic origin, colour, citizenship, place of residence, age, sex, sexual preference or orientation, non- conforming personal behaviour, marital status, family status, number of dependents, pregnancy or childbirth, physical or mental disability where the disability does not render the Employee incapable of fulfilling his or her employment duties and obligations, conviction for which a pardon has been granted, political or religious affiliation or beliefs, or membership or activity in any trade union.
Sexual harassment, as defined below, is also considered to be a form of personal harassment and will not be tolerated.
(c) Definition Of Sexual Harassment
Sexual harassment includes, but is not limited to, comment or conduct of a sexual nature, including sexual advances, requests for sexual favours, suggestive comments or gestures, repeated or persistent leering at a person's body, or physical contact, including assault, when any one or more of the following conditions is satisfied:
This definition of sexual harassment is not meant to inhibit interactions or relationships based on mutual consent or normal social contact between Employees.
(d) Employer Obligations
The Employer must at all times act appropriately to preserve and promote a work environment which is free from personal harassment. Accordingly, the Employer will undertake discipline or other appropriate action against any person who engages in personal harassment in violation of this Article. The Employer may also undertake discipline or other appropriate action against any person who under this Article makes a claim of personal harassment which is determined to be frivolous, vexatious or vindictive in nature. Any such disciplinary or other action by the Employer with respect to any Employee in the bargaining unit must be for "just cause".
(e) Employee Obligations
All Employees in the bargaining unit must refrain from personal harassment or be subject to discipline or other action by the Employer up to and including discharge. Any such disciplinary or other action by the Employer must be for "just cause".
(f) Resolution of Personal Harassment Complaints/Grievances
Allegations of personal harassment raised by any Employee(s) in the bargaining unit shall be subject to resolution by grievance and arbitration, if necessary, in accordance with Clause 31.01(g) below and all other applicable provisions of this Agreement.
(g) Harassment Complaint Resolution By Grievance/Arbitration
(i) Initiating A Personal Harassment Grievance
The Union shall have the right to initiate and to process a grievance on behalf of any bargaining unit Employee(s) who allege(s) personal harassment has occurred in violation of this Article. Such grievance(s) shall be initiated at Stage II of the grievance procedure as described in Article 37 of this Agreement in which case the provisions of that Article shall apply except as expressly amended below.
(ii) Time Limits For Raising Grievance
A grievance concerning personal harassment must be initiated within one hundred twenty (120) calendar days of the complainant's awareness of the circumstances giving rise to the grievance. If, however, personal harassment is alleged with respect to any job selection, the matter must be grieved within thirty (30) calendar days of the date of receipt by an Employee of notice of his or her unsuccessful candidacy. These time limits may be extended at any time by mutual agreement between the Union and the Employer.
(iii) Processing The Grievance At Stage II
A grievance concerning personal harassment shall be heard at Stage II by the Employer's Staff Relations Committee who will ensure that the alleged offender(s) is/are given notice of the substance of the grievance and the date, time and location of the hearing and an opportunity to attend, participate in and be represented at the hearing.
iv) Authority Of Arbitrator
An arbitrator hearing a grievance under this Article shall have the authority to:
31.02 Legislation
The Parties subscribe to the principles of the B.C. Human Rights Act and the Canadian Charter of Rights and Freedoms insofar as this legislation establishes minimum acceptable standards. It is agreed that more favourable provisions of this Agreement shall prevail.
31.03 No Personal Search
The Employer shall not undertake any search of either the person or the personal property or possessions of any Employee.
31.04 Electronic Surveillance
Electronic surveillance equipment such as closed circuit television or camera equipment or otherwise shall not be used by the Employer for surveillance of Employees while at work and such equipment shall not be installed in the Employees' lunch rooms or rest areas.
31.05 Substance Tests
The Employer agrees that no test for the presence of any substance in the body of the Employee shall be made without the prior and voluntary consent of the subject Employee.
31.06 Personal Duties Not Required
The Parties agree that individuals in the workplace shall be treated with dignity and respect. Accordingly, the Employer agrees that Employees shall not be required to perform for any other employee (including, but not limited to management personnel) work or duties of a personal nature.
31.07 Protection Against Legal Action
(a) The Employer agrees to indemnify each Employee against all costs, charges, and expense, including an amount paid to settle an action or satisfy a judgement, actually and reasonably incurred by an Employee, including an amount paid to settle an action or satisfy a judgement in a civil, criminal or administrative action or proceeding to which an Employee is made a party by reason of being or having been an Employee, and acting in the course of employment with the Employer.
(b) It is the responsibility of the Employee to advise, as soon as possible, the Employer when the likelihood of legal action against the Employee is threatened.
ITEM 20 LETTER OF AGREEMENT RE: DISCRIMINATORY HARASSMENT
The following policy with respect to discriminatory harassment is endorsed by both parties:
Stelco Fasteners Ltd. and the United Steelworkers of America believe that the human rights of all employees must be protected, so as to ensure that every person is treated with dignity and respect.
No individual should suffer from or be exposed to harassment at work, based upon that person's race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, handicap, age, record of criminal offenses, family, marital or employment status. Harassment is a course of conduct or comment that offends or abuses a person on any of the grounds stated above, where such behaviour is known or ought reasonably be known to be offensive and unwelcome.
Sexual harassment is a particularly objectionable type of discriminatory course of conduct or comment which cannot be tolerated, as it represents an unwarranted intrusion upon a person's sexual dignity as a man or woman. Sexual harassment may take a variety of forms such as unsolicited or unwelcome gender-based comments, gestures and physical contact, or the control or alteration of working conditions so as to coerce submission to sexual advances.
In order to ensure the consistent application of this policy, it is both the right and the responsibility of any employee who believes that he or she has been subjected to harassment as defined above to immediately report such concerns to the designated representative. The Company will advise the designated Union representative of such allegations. All allegations will be fully investigated in a confidential manner. The complainant will be advised of the results of the investigation. Any employee who, as a result of a full investigation is determined to be in violation of this policy may be subject to disciplinary action, up to and including discharge from employment."
Investigation and Resolution Procedure
A. The Company and Union will discuss the establishment of a mutually acceptable procedure for investigation and resolution of allegations of discriminatory harassment. Each party will designate one person who will be the designated Management and Union representative for purposes of investigating allegations at the plant level.
B. In addition to the investigative procedure established the following Appeal procedure is established in the event that an allegation is not satisfactorily resolved:
1. The employee who claims a personal violation of the Policy may, within thirty (30) days of the date he or she is advised of the results of the investigation, appeal the allegation in writing to the two-person Appeal Committee as established hereinafter. The Committee will, as soon as possible following receipt of the written appeal, meet and review the facts pertaining to the allegation. The Appeal Committee may, at their discretion, seek any additional pertinent information by interviewing the complainant and other employees. The Committee may attempt to resolve the allegation by suggesting a course of action to the appropriate Company and Union designated representatives.
In the event that the allegation is not resolved in this manner, the Committee will prepare and issue a report of their findings and recommendations. Such report will be issued in confidence to the designated representatives who shall endeavour to resolve the allegation with the complainant and management. In the event that the matter continues to be unresolved, the Management will determine whether an employee has been in violation of the Policy and what appropriate disciplinary action will be taken. Nothing herein precludes or limits the employee's entitlement to pursue a complaint through the grievance procedure with regard to any disciplinary action taken against him.
2. The Appeal Committee will be composed of one person designated by the U.S.W.A. District 6 Director as referenced in the Union's Policy document re Discriminatory Harassment and one (1) person appointed by the Company from the corporate office. The two (2) persons so appointed will remain the permanent Appeal Committee to investigate and attempt to resolve all appeals of the Company.
3. The Union and the Company may substitute another person as their permanent designated Appeal Committee member but it is intended by both parties that their designated member be appointed on a long term basis where possible.
C. It is understood and agreed that the procedure established by this Letter of Agreement to investigate and resolve harassment complaints does not deny any employee from pursuing his/her complaint through the applicable legislative procedure and the internal procedure is intended as an alternative process which the individual may elect at his/her option. It is further understood that any complaint pursued through the internal procedure shall not be arbitrable, nor shall any documents, reports, discussion or information arising out of or during the procedure be introduced as evidence referred to in any other legislative procedure.
ARTICLE 5 - NO DISCRIMINATION
5.01 The parties mutually agree that any employee of the Company may become a member of the Union if he wishes to do so, and may refrain from becoming or remaining a member of the Union if he so desires.
5.02 The parties mutually agree that there shall be no discrimination or harassment by either of them or by any members of the Union against any employee by reason of membership or non-membership in the Union or by reason of the employee's sex, race, national origin, colour, religion, political belief, age, sexual orientation, physical handicap or because an employee has or has not engaged in lawful union activity specifically provided for under this Agreement. The parties also agree that no employee should be subjected to sexual harassment.
5.03 The parties mutually agree that employees have a right to work in an environment free from sexual harassment. The Company will take whatever action it deems necessary to maintain such a working environment. The action taken by the Company may include discipline and/or the termination of the employment of any person engaging in the sexual harassment of another person.
An employee may initiate a grievance alleging sexual harassment under the grievance procedure. Where the alleged harasser is the person who would normally deal with the grievance, the complaint will automatically be advanced to the next stage of the grievance procedure. Complaints of alleged sexual harassment will be handled with all possible confidentiality.
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