Report of the Ad-Hoc Harassment / Violence in the Workplace Committee

June 2015

Ken Bye

The Committee reviewed and discussed the CRA’s Harassment Policy, Part XX of the Canada Labour Code Regulations, the Ad Hoc Committee recommendation to Council in June 2013 and the CFIA Court case concerning harassment and violence in the workplace. The Committee discussed in length whether or not UTE still requires a standing Harassment Committee in light of our position and the Court’s determination that violence in the workplace included incidents of harassment.

The Committee agreed that in light of UTE’s position and the Court’s determination, there should no longer be a need for a UTE Standing Harassment Committee. The Committee also reviewed the Terms of reference for the Harassment Committee and confirmed that most of the functions of that committee could be easily handled by the Health and Safety Committee. The function of monitoring and reviewing UTE’s own Harassment Policy was discussed with the National President who confirmed that he would likely refer this function to the Executive Committee if the ad hoc Committee’s recommendation was accepted by Council.

As a result, the Ad Hoc Committee propose the following recommendation:

Recommendation

m/s  Ken Bye / Doug Gaetz

Whereas UTE has adopted a resolution advocating the filing of a complaint under Part XX of the Canada Labour Code Regulations and the concurrent filing of a grievance; and

Whereas in the same resolution, UTE has adopted a position advocating that harassment grievances and/or complaints not be filed when dealing with complaints of violence in the workplace;

Whereas the Federal Court Trial Division in the case of PSAC v. Attorney General of Canada (T-484-14, Citation 2014-FC-7066) has determined that violence in the workplace includes incidents of harassment; and

Whereas Violence in the Workplace has already been assigned to UTE’s National Health and Safety Committee; and

Whereas discussions between the CRA and the National Health and Safety Policy Committee are already ongoing concerning the inclusion of harassment in the CRA Violence in the Workplace Policy and Procedures; and

Whereas in reviewing the terms of reference for UTE’s Harassment Committee, and in light of the aforementioned resolution adopted by Executive Council, there appears to be no significant remaining role for UTE’s Harassment Committee;

Be it resolved that UTE Regulation No. 3 be amended to delete the UTE Harassment Committee; and

Be it further resolved that the Harassment Committee be immediately disbanded; and

Be it further resolved that the UTE Health and Safety Committee be mandated to immediately notify and outline UTE’s position to the CRA concerning the inclusion of harassment in its Violence in the Workplace Policy and Procedures.

Respectfully submitted,

Ken Bye