Harassment Committee

Harassment Guidelines

The employer has not only a legal obligation to ensure that the work environment is free from discrimination, but also a moral and contractual obligation to create and maintain a work environment that is free from all forms of harassment. Accordingly, when a member asks the union for its assistance in dealing with an harassment complaint or grievance, the document used in regards to the rights and responsibilities is the employer’s policy and the related guidelines. It is, therefore, recommended that all members involved (complainant, respondent, witnesses and union representatives) in dealing with a complaint or a grievance, be aware of the content of the employer’s policy.

The following guidelines are provided to assist all concerned members on the role of the union representative when an harassment complaint or a grievance is filed by a member against another member. Therefore, it is very important to provide a copy of these guidelines to all members involved. These guidelines are built upon the principles of fair and due process and on the confidentiality.

Because of the sensitive nature of these situations, all avenues of assistance should be open to the members involved.

Following are the different situations where a union representative may be asked to intervene:

• Complainant
  • Request for assistance in the filing of a complaint/grievance, and/or
  • Request for assistance/representation during the employer’s process such as an investigation.
• Respondent
  • Request for assistance/representation during the employer’s process such as an investigation.
  • Request for assistance/representation following the employer’s disciplinary measure.
• Witness
• Request for assistance/representation during the employer’s process such as an investigation.

When the complainant and the respondent request union assistance, following are the recommended steps:

1. Information
   Since it is the employer’s obligation to provide a workplace free of harassment, the union representative’s role is to ensure that the employer complies with its responsibilities as described in its policy against harassment in the workplace.
   
   If required, provide/use the following documents:
   1. CCRA – Preventing and Resolving Harassment Policy;
   2. Related articles of the collective agreement: Grievance Procedure, No Discrimination, Sexual Harassment;
   3. UTE Harassment Case Fact Sheet
      
2. Assessment
   The union representative must record the details of the complaint/grievance and conduct an assessment to obtain any information related to this case. This assessment would include meeting and talking individually to the members involved, asking for written testimony and compiling of documentary evidence, etc.. Such assessment may be parallel to and independent of any investigation carried out by the employer. All information must be treated on a confidential basis, except to the extent that is necessary to complete the assessment and for the determination of the Union representation.
   
   After completion of the assessment (within a reasonable period of time which normally should be within 25 days), the union representative must record the results of the assessment, findings and any recommendations to the appropriate union body.
   
3. Investigation/Mediation
   The members involved in one of the employer’s process such as investigation, mediation or other process, have the choice to be accompanied by a union representative.
   
4. Determination of the respondent’s union representative
   In the determination of the representation, the Union should base its decision by using its own assessment (see 2)), the employer’s documentation such as the investigation report, the documentary evidence, etc. and any other document.
   
   1. Unjust Penalty
      Where a complaint is upheld by the employer and the harassor(s) receives a disciplinary penalty, at the request of this member, the appropriate union body will review the disciplinary penalty and where it is deemed that the penalty is unjust, will provide this member with representation on subsequent grievances.
      
      If the Union decides to provide representation to an alleged harassor, the Union representative must advise the member, (by providing copy of these guidelines), that the representation at one level of the grievance procedure does not guarantee representation at further levels including adjudication.
      
      If at any levels the penalty is deemed to be just, the Union will not provide representation to the harassor.
      
   2. Just penalty
      If the penalty is deemed to be just, the Union will not provide representation to the harassor.
      
5. Situations where these guidelines do not apply

The guidelines do not apply to situations wherein members are exercising their rights and duties as union members or officials, such as in relation to union discipline or the PSAC Picket Line Policy.

Visit often, and send us your comments to the webmaster@ute-sei.org if you have any problems.

Copyright © 2000-2007 UTE All Rights Reserved