Harassment Committee

UNION OF TAXATION EMPLOYEES
ANTI-HARASSMENT POLICY

POLICY STATEMENT:

The Union of Taxation Employees (UTE) promotes a zero-tolerance level of harassment in the union environment.  Every member must be treated with respect and dignity.  Harassment of another member constitutes a disciplinary infraction subject to penalties under local or UTE By-Laws or the PSAC Constitution.

Each member is responsible for contributing to a harassment-free union environment.

POLICY OBJECTIVE:

To provide a union environment that supports the dignity, self-esteem, personal and political goals, the well-being and security of every member.

To promote the prevention of harassment and focus on its resolution.

DEFINITIONS:

Harassment is an expression of power and superiority by one person or group over another person or group, often for reasons of sex, race, ethnicity, age, sexual orientation, disability, family or marital status, social or economic class, political or religious affiliation, language or improper use of power and authority inherent in their union position.  Harassment can also be personal in nature and unrelated to the grounds listed above.

Sexual harassment means any conduct, comment, gesture, or contact of a sexual nature, whether on a one-time basis or in a continuous series of incidents. It may include, but is not limited to:

• unwelcome remarks, jokes, innuendos, or taunts of a sexual nature about a person’s body, clothing or sex;
• insulting gestures and practical jokes of a sexual nature which causes discomfort or embarrassment;
• display of pornographic pictures, graffiti or other offensive material either in hard copy or in electronic format;
• sexual subjective staring;
• demands for sexual favors;
• unnecessary physical contact such as touching, patting or pinching;
• sexual assault.

Union activities/functions are those authorized union activities funded by UTE and/or those activities that are inherent in a Union Officer’s elected position.

Union environment includes the physical union environment during a UTE function and may be extended beyond.

APPLICATION:

This policy usually applies to harassment situations that occur during the scheduled hours of a union function.  However, it may also apply to harassment situations between members/staff that occur away from the function and during off hours if the harassment situation occurs when members are engaged in matters related to the union or there is a direct link between the harassment situation and the member’s union responsibilities and relationships.(ie: social hour gatherings etc.)

AUTHORITY:

The ultimate responsibility and authority for applying this policy rest with the National President or his/her delegated authority.

EXPENSES:

Any expenses related to the application of this policy should be pre-approved by the National President or his/her delegated authority.

POLICY REQUIREMENTS:

Members must:

• ensure their own behavior supports a harassment-free union environment;
• promote a zero-tolerance level of harassment;
• co-operate when harassment complaints are being resolved or investigated;
• respect the confidentiality of complaints;
• apply the redress process.

UTE must:

• provide a union environment free of harassment and promote a zero tolerance level of    harassment;
• inform members of this policy;
• put an end to any harassment situation that becomes known without delay;
• provide the UTE Statement on Harassment at each UTE functions.  Appendix A;
• appoint two (2) or more complaint(s) administrators at each UTE union function;
• if required, apply the UTE By-Laws and Regulations applicable (Appendix B, Regulation 26 - Discipline Procedures, Article 26.2 Investigation Procedures and following articles).

RIGHTS AND RESPONSIBILITIES:

Complainant’s rights:

Complainants have the right to:

• receive fair treatment;
• seek help from a person of their choice;
• be accompanied by a person of their choice who has agreed to;
• file a complaint and obtain a timely review;
• ensure their complaint is kept confidential;
• receive the findings and outcome of any investigation that may occur;
• challenge the outcome of an investigation through the avenues provided by local or UTE By-Laws or the PSAC Constitution.

Complainant’s responsibilities:

Complainants are responsible for:

• making their disapproval or unease about a person’s actions known within a reasonable time to the alleged offender, unless it is unreasonable to do so;
• if the above is not possible or is unsuccessful, obtaining advice on an appropriate course of action;
• provide information regarding dates, times, witnesses and the nature of the incidents under review;
• filing a complaint;
• co-operating with those responsible for reviewing the complaint.

Respondents’ rights:

Respondents have the right to:

• receive fair treatment;
• be informed without delay that a complaint has been filed as well as the nature of the    complaint;
• seek help from a person of their choice;
• be accompanied by a person of their choice who has agreed to;
• ensure that the information surrounding the complaint is kept confidential;
• receive the findings and outcome of any investigation that may occur;
• challenge the outcome of an investigation through the avenues provided by local or UTE By-Laws or the PSAC Constitution.

Respondents’ Responsibilities:

Respondents are responsible for:

• co-operating with those responsible for reviewing the complaint.

Complaint Administrator:

Roles and responsibilities include:

• investigating allegations of harassment and submitting a report, including recommendations to the Union;
• being discreet in investigating the complaint and ensuring that during the handling of complaints of harassment, particular attention is paid to the concept of a fair and due process;
• dealing with complaints and investigations as quickly as possible;
• developing recommendation(s) with respect to the resolution of the complaint;
• providing the complainant and the respondent with a copy of their report.

ASSISTANCE:

Members who are involved in an harassment situation may request assistance from the union in dealing with the effects of the harassment.

UNJUST COMPLAINTS:

Nothing in this policy condones making an unjust complaint.  A complaint is considered unjust when it constitutes a false charge that is made with malicious or vexatious intent.  Members making such complaints may be subject to disciplinary procedures under local or UTE By-Laws or the PSAC Constitution.

INTERFERENCE:

Any member who prevents a member through threats and intimidation or other forms of interference, from lodging a complaint or attempts to cause a member to abandon a complaint may be subject to disciplinary measures under local or UTE By-Laws or the PSAC Constitution

Any member who prevents a member, through threats and intimidation or other forms of interference, from participating in the investigation as a witness or from submitting evidence, or who exercises similar influence on those who have participated as a witness, may also be subject to disciplinary measures under local or UTE By-Laws or the PSAC Constitution.

Appendix A

UTE STATEMENT ON ANTI-HARASSMENT IN THE
UNION ENVIRONMENT

LIST OF COMPLAINT ADMINISTRATORS TO HANDLE HARASSMENT COMPLAINT(S)

NAME: ____________________________                    ________________________

           ____________________________                    ________________________

POLICY STATEMENT:

The Union of Taxation Employees (UTE) promotes a zero-tolerance level of harassment in the union environment.  Every member must be treated with respect and dignity.  Harassment of another member constitutes a disciplinary infraction subject to penalties under local or UTE By-Laws or the PSAC Constitution.

Each member is responsible for contributing to a harassment-free union environment.

POLICY OBJECTIVE:

To provide a union environment that supports the dignity, self-esteem, personal and political goals, the well-being and security of every member.

To promote the prevention of harassment and focus on its resolution.

DEFINITIONS:

Harassment is an expression of power and superiority by one person or group over another person or group, often for reasons of sex, race, ethnicity, age, sexual orientation, disability, family or marital status, social or economic class, political or religious affiliation, language or improper use of power and authority inherent in their union position.  Harassment can also be personal in nature and unrelated to the grounds listed above.

Sexual harassment means any conduct, comment, gesture, or contact of a sexual nature, whether on a one-time basis or in a continuous series of incidents. It may include, but is not limited to:

• unwelcome remarks, jokes, innuendos, or taunts of a sexual nature about a person’s body, clothing or sex;
• insulting gestures and practical jokes of a sexual nature which causes discomfort or embarrassment;
• display of pornographic pictures, graffiti or other offensive material either in hard copy or in electronic format;
• sexual subjective staring;
• demands for sexual favors;
• unnecessary physical contact such as touching, patting or pinching;
• sexual assault.

Appendix B

REGULATION NO. 26

26.1 DISCIPLINE PROCEDURES […]

26.1.1 General […]

26.2 INVESTIGATION PROCEDURES (link)

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