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Thursday August 21, 2008
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Thursday August 21, 2008
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Harassment Committee
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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.
To provide a union environment that supports the dignity, self-esteem, personal and political goals, the well-being and security of every member.
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:
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.
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.)
The ultimate responsibility and authority for applying this policy rest with the National President or his/her delegated authority.
Any expenses related to the application of this policy should be pre-approved by the National President or his/her delegated authority.
Members must:
UTE must:
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.
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 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 are responsible for:
- co-operating with those responsible for reviewing the complaint.
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.
Members who are involved in an harassment situation may request assistance from the union in dealing with the effects of the harassment.
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.
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.
LIST OF COMPLAINT ADMINISTRATORS TO HANDLE HARASSMENT COMPLAINT(S)
NAME: ____________________________ ________________________
NAME: ____________________________ ________________________
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.
To provide a union environment that supports the dignity, self-esteem, personal and political goals, the well-being and security of every member.
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:
(1) Any and all allegations against a member shall be in writing, signed by the member(s) putting forth the allegation(s), and submitted to the appropriate body for consideration:
(2) (a) allegations at the local level shall be submitted to the Local Executive;
(b) allegations that involve member(s) from more than one Local in a region shall be submitted to the Regional Vice-President;
(c) allegations that involve member(s) from more than one region shall be submitted to the President;
(d) allegations against Regional Vice-Presidents or Vice-Presidents shall be submitted to the President.;
(e) allegations against the President shall be submitted to the PSAC Executive Committee.
(3) The appropriate executive body receiving the allegation(s) shall determine whether *evidence warrants an investigation. If so, it shall establish an internal or external impartial investigation committee consisting of three (3) people to investigate and assess the allegation(s), including the receipt of oral and written evidence. (*evidence in that there must be some supporting documentation that the allegations are valid. It does not mean that conclusive evidence must be presented nor does it mean that the body concerned is accepting or rejecting the supporting documentation.)
(4) The Committee shall provide the member against whom the allegation has been made with a copy of the written accusation(s). The member(s) submitting the allegation(s) and the member(s) against whom the allegation has been made, shall be afforded the right to appear before the Committee. The Committee may interview witnesses.
(5) The Committee shall submit a committee report to the member against whom the allegation(s) has been made, the member(s) who submitted the allegation(s) and the appropriate body who established the Committee.
(6) The committee report shall consist of one or two parts, depending on whether the allegation(s) are upheld by the Committee:
(a) Part l shall include a finding of fact for each accusation(s) and a determination whether a contravention of the By-Laws occurred. This part of the Report may also include a determination whether any accusation is found to be frivolous or intended to harass, embarrass or discredit a member.
(b) Part ll shall indicate if corrective action is recommended including any specific disciplinary action such as, suspension from membership and/or removal from office.
(c) The committee report shall be dated and signed by the three people on the Committee and shall not be amended. The appropriate body that established the Committee must be satisfied that the proper procedure has been followed by the Committee and shall vote whether to accept the committee report in accordance with General Provisions 26.1.1(3).
(7) If disciplinary action is not recommended, the appropriate body shall review and vote whether to accept the committee report. A simple majority vote of those in attendance shall determine acceptance. All decisions shall be conveyed in writing to the persons involved.
(8) If disciplinary action is recommended at the national level, the committee report shall be subject to acceptance by a two-thirds (2/3) majority vote at a meeting of the Executive Council. Should the committee report recommendations not receive two-thirds (2/3) acceptance, rationale for the rejection must be provided.
(a) If the Executive Council accepts a recommendation of removal from office, the President shall provide the member(s) concerned with written notice that an appeal may be submitted to the PSAC National Board of Directors within sixty (60) calendar days of receipt of the disciplinary notification.
(b) If the Executive Council accepts a recommendation to suspend or expel from membership the President shall submit such recommendation to the PSAC National Board of Directors together with all relevant documentation.
(1) The role and responsibilities of the Committee include:
(a) providing the member accused with a copy of the written accusation(s);
(b) ensuring the investigation is impartial and is seen as such by all parties;
(c) investigating the allegations with appropriate discretion and ensuring that the investigation is done in a timely fashion;
(d) interviewing witnesses and reviewing all relevant documents identified by the parties;
(e) submitting a written report to the body which established the Committee, the member making the accusation and the member accused.
(1) The members of the Committee shall develop the appropriate methodology for the investigation based on the allegation(s) and the mandate of the Committee.
(2) The member making the accusation and the member accused may provide the Committee with a list of witnesses to be interviewed by the Committee. A witness is an individual who witnessed the alleged misconduct or who has some other type of relevant information that will assist in determining whether a contravention occurred. The committee shall determine which witnesses they believe may have relevant information related to the allegation. A process for interviewing witnesses shall be developed, for example, the Committee may determine whether witnesses shall be given the option of providing a narrative in their own words, respond to questions from the Committee, or a combination of both.
(3) The committee shall ensure that:
(a) witnesses are advised of the mandate of the Committee;
(b) witnesses are aware that they may be accompanied by a person of their choice to the interview;
(c) interviews are conducted in an appropriate confidential area;
(d) the applicable portion of the draft report be sent to witnesses for review of their statements when such statements are used in the report;
(e) all Committee members take their own notes during the interview.
(1) As required by this Regulation, the committee report shall be written in one or two parts. Part 1 shall include a finding of fact for each allegation and a determination whether the contravention of the constitution, Local, and/or UTE, and/or PSAC By-Laws occurred. This part of the report may also include a determination whether any allegation is found to be frivolous or intended to harass, embarrass or discredit a member.
(a) Part I of the committee report might also include:
(i) committee composition;
(ii) description of the alleged misconduct;
(iii) mandate of committee;
(iv) methodology (including reference materials, list of witnesses and dates of interviews.);
(v) findings.(b) Part 2 of the report shall indicate whether corrective action is recommended including any specific disciplinary action. When an allegation of misconduct involves harassment, the committee report shall not include the actual names of those involved with the exception of the name of the individual who is recommended for discipline. This measure shall provide some confidentiality in the event that the committee report is submitted to the Executive Council and included in the minutes.
(1) The appeal hearing shall be established within a three-month (3) period unless the time-frame is extended by a mutual agreement of the parties concerned or if the Executive Council determines that extenuating circumstances prohibit the establishment of the appeal hearing within the above-noted time-frame.
(2) If disciplinary action is recommended at the local level, the Local Executive shall
submit the committee report at a special or general meeting of the Local and shall be subject to the acceptance of two-thirds (2/3) of those members in attendance in accordance to General Provisions 26.1.1. Should the committee report recommendations not receive two-thirds (2/3) acceptance, rationale for the rejection must be provided.(3) If the Local meeting accepts a recommendation of removal from office, the Local Executive shall convey in writing that decision to the member or members concerned together with written notice that an appeal may be submitted to the President within sixty (60) calendar days of receipt of the disciplinary notification.
(4) The appellant has the right to be heard and to be represented at the appeal hearing.
(5) The appeal decision of the Executive Council shall be final and binding on all parties to the appeal.(6) The UTE shall be responsible for the cost of the hearing and the expenses as follows:
(a) each party shall be responsible for his/her own expenses, except that if the appellant’s appeal is successful, the appellant may be entitled to reasonable expenses as determined by the Executive Council;
(b) the expenses of the representative of the appellant shall be borne by the appellant;
(c) each party shall normally be responsible for any expenses incurred as a result of testimony from any witness they wish to call. However, where the appeal is upheld, the appellant may, in extenuating circumstances, request full or partial payment of reasonable expenses incurred by witnesses for the appellant. Such expenses whose reasonableness shall be determined solely by the Executive Council.
(1) The appeal process is an informal one so that it is accessible to all members and shall allow the parties involved to be heard. The procedure shall be as follows:
(a) The appellant or their representative shall make a presentation to the Executive Council outlining why he/she does not believe the removal from office, or other disciplinary action is justified;
(b) any witnesses for the appellant shall make a presentation to the Executive Council outlining any role they were involved with which impacted upon the removal from office, or other disciplinary decision;
(c) the representative from the appropriate Local shall make a presentation to the Executive Council outlining why the action to remove from office, or other disciplinary action was taken;
(d) any witnesses for the Local shall make a presentation to the Executive Council outlining any role they were involved with which impacted upon the removal from office, or other disciplinary action decision;
(e) the Executive Council members may ask questions of clarification, which arise from the presentations;
(f) both the appellant and representative from the Local shall be provided with an opportunity to make a closing summary;
(g) the Executive Council members shall render a written decision. The President shall forward the decision to the parties involved.
(1) Notwithstanding the above, the removal from office provisions of this Regulation shall be deemed to have been complied with by a Local under the following conditions:
(a) When provision is made in the Local by-laws for a referendum vote of the membership of the particular constituency represented by the officer proposed for removal from office;
or,
(b) When, in the case of an officer who was elected by representatives rather than by direct membership election, provision is made in the Local by-laws for a vote by representatives of the particular constituency represented by the officer proposed for removal from office.
Adopted September 1978
Amended December 1992
Amended March 1993
Amended December 1996
Amended June 2000
Amended March 2002
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