Common use of Right to Refuse Clause in Contracts

Right to Refuse. A bargaining unit employee alleging harassment or discrimination in the workplace is encouraged to use the above procedure to resolve a complaint. However, it is agreed, in principle, that in serious cases of harassment or discrimination, or when the safety of an employee is being threatened directly or indirectly by the Respondent(s), it may be necessary for that employee to leave the job. Before any employee takes such action, the parties agree that details with respect to the procedure regarding the ability of employees to leave their jobs as outlined above will be developed by the Master Employment Equity Committee and will be implemented as part of the Procedure no later than June 30, 2003. The purpose of this Policy and Procedure is to allow the CAW and Ford of Canada the opportunity to address and resolve internal problems related to the objective of achieving a harassment and discrimination free workplace. This Policy and Procedure in no way precludes the Complainant's right to seek action under the applicable Human Rights legislation. The parties also agree to communicate this information about the Procedure to the workforce prior to June 30, 2003 through local union newsletters, bulletin board notices and company publications or any other mutually agreed upon method of communication. Recommended Investigation Guidelines are outlined below for the use of the investigators. INVESTIGATION GUIDELINES Complaint Every effort should be made to have the Complainant submit a written complaint. This request should be submitted in a supportive, rather than an intimidating manner. A written complaint enables the Respondent(s) and the investigators to deal with a clear and concise description of allegations. Therefore, if the Complainant does not file a written complaint, the investigator(s) will draft a written form of complaint which the Complainant will have an opportunity to review and consent to. Prior to the Investigation Before commencing an investigation, the investigators should consider and recommend to company management how to address the interim situation during the investigation. Consideration may be given to whether the Complainant and/or the Respondent(s) be moved to a new assignment or sent home. The Respondent(s) should be advised of the existence of the complaint at the beginning of the investigative procedure. The investigators must determine the extent of the details provided based on each specific case. In some cases, it would be appropriate to put all the allegations to the Respondent(s) immediately and hear his or her response. In other cases, the investigators may wish to interview others first and establish some factual context for the interview with the Respondent(s), in which case the Respondent(s) may be informed of the existence of the complaint and its general nature and told he or she will be provided with details and interviewed later.

Appears in 5 contracts

Samples: Agreement, Agreement, Agreement

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Right to Refuse. A bargaining unit employee alleging harassment or discrimination in the workplace is encouraged to use the above procedure to resolve a complaint. However, it is agreed, in principle, that in serious cases of harassment or discrimination, or when the safety of an employee is being threatened directly or indirectly by the Respondent(s), it may be necessary for that employee to leave the job. Before any employee takes such action, the parties agree that details with respect to the procedure regarding the ability of employees to leave their jobs as outlined above will be developed by the Master Employment Equity Committee and will be implemented as part of the Procedure no later than June 30, 2003. The purpose of this Policy and Procedure is to allow the CAW and Ford of Canada the opportunity to address and resolve internal problems related to the objective of achieving a harassment and discrimination free workplace. This Policy and Procedure in no way precludes the ComplainantComplain ant's right to seek action under the applicable Human Rights legislation. The parties also agree to communicate this information about the Procedure to the workforce prior to June 30, 2003 through local union newsletters, bulletin board notices and company publications or any other mutually agreed upon method of communication. Recommended Investigation Guidelines are outlined below for the use of the investigators. INVESTIGATION GUIDELINES Complaint Every effort should be made to have the Complainant submit a written complaint. This request should be submitted in a supportive, rather than an intimidating manner. A written complaint enables the Respondent(s) and the investigators to deal with a clear and concise description of allegations. Therefore, if the Complainant does not file a written complaint, the investigator(s) will draft a written form of complaint which the Complainant will have an opportunity to review and consent to. Prior to the Investigation Before commencing an investigation, the investigators should consider and recommend to company management how to address the interim situation during the investigation. Consideration may be given to whether the Complainant and/or the Respondent(s) be moved to a new assignment or sent home. The Respondent(s) should be advised of the existence of the complaint at the beginning of the investigative procedure. The investigators must determine the extent of the details provided based on each specific case. In some cases, it would be appropriate to put all the allegations to the Respondent(s) immediately and hear his or her response. In other cases, the investigators may wish to interview others first and establish some factual context con text for the interview with the Respondent(s), in which case the Respondent(s) may be informed of the existence of the complaint and its general nature and told he or she will be provided with details and interviewed later.

Appears in 2 contracts

Samples: Agreement, Agreement

Right to Refuse. A bargaining unit employee alleging harassment or discrimination in the workplace is encouraged to use the above procedure to resolve a complaint. However, it is agreed, in principle, that in serious cases of harassment or discrimination, or when the safety of an employee is being threatened directly or indirectly by the Respondent(s), it may be necessary for that employee to leave the job. Before any employee takes such action, the parties agree that details with respect to the procedure regarding the ability of employees to leave their jobs as outlined above will be developed by the Master Employment Equity Committee and will be implemented as part of the Procedure no later than June 30, 20032004. The purpose of this Policy and Procedure is to allow the CAW and Ford of Canada the opportunity to address and resolve internal problems related to the objective of achieving a harassment and discrimination free workplace. This Policy and Procedure in no way precludes the Complainant's right to seek action under the applicable Human Rights legislation. The parties also agree to communicate this information about the Procedure to the workforce prior to June 30, 2003 2004 through local union newsletters, bulletin board notices and company publications or any other mutually agreed upon method of communication. Recommended Investigation Guidelines are outlined below for the use of the investigators. INVESTIGATION GUIDELINES Complaint Every effort should be made to have the Complainant submit a written complaint. This request should be submitted in a supportive, rather than an intimidating manner. A written complaint enables the Respondent(s) and the investigators to deal with a clear and concise description of allegations. Therefore, if the Complainant does not file a written complaint, the investigator(s) will draft a written form of complaint which the Complainant will have an opportunity to review and consent to. Prior to the Investigation Before commencing an investigation, the investigators should consider and recommend to company management how to address the interim situation during the investigation. Consideration may be given to whether the Complainant and/or the Respondent(s) be moved to a new assignment or sent home. The Respondent(s) should be advised of the existence of the complaint at the beginning of the investigative procedure. The investigators must determine the extent of the details provided based on each specific case. In some cases, it would be appropriate to put all the allegations to the Respondent(s) immediately and hear his or her response. In other cases, the investigators may wish to interview others first and establish some factual context for the interview with the Respondent(s), in which case the Respondent(s) may be informed of the existence of the complaint and its general nature and told he or she will be provided with details and interviewed later.

Appears in 2 contracts

Samples: Agreement, Agreement

Right to Refuse. A bargaining unit employee alleging harassment or discrimination in the workplace is encouraged to use the above procedure to resolve a complaint. However, it is agreed, in principle, that in serious cases of harassment or discrimination, or when the safety of an employee is being threatened directly or indirectly by the Respondent(s), it may be necessary for that employee to leave the job. Before any employee takes such action, the parties agree that details with respect to the procedure regarding the ability of employees to leave their jobs as outlined above will be developed by the Master Employment Equity Committee and will be implemented as part of the Procedure no later than June 30, 20032004. The purpose of this Policy and Procedure is to allow the CAW union and Ford of Canada the company the opportunity to address and resolve internal problems related to the objective of achieving a harassment and discrimination free workplace. This Policy and Procedure in no way precludes the Complainant's right to seek action under the applicable Human Rights legislation. The parties also agree to communicate this information about the Procedure to the workforce prior to June 30, 2003 2004 through local union newsletters, bulletin board notices and company publications or any other mutually agreed upon method of communication. Recommended Investigation Guidelines are outlined below for the use of the investigators. INVESTIGATION GUIDELINES • An interview of the Complainant and the Respondent(s); • The Respondent(s) will be given an opportunity to respond to the allegations and, in some cases, the Complainant given the opportunity to reply; • Identification of and interview of relevant witnesses; • Identification of and review of relevant documents; • Documentation of interviews, including taking of statements and appropriate notes; • Preparation of a written report summarizing the investigation including the complaint/allegations, the response, evidence of witnesses, other evidence, and the results of the investigation. The Complainant and the Respondent(s) will be advised in writing of the results of the investigation (not the full report) and any corrective action taken or that will be taken as a result of the investigation, such as workplace training, in a timely fashion. Complaint Every effort should be made to have the Complainant submit a written complaint. This request should be submitted in a supportive, rather than an intimidating manner. A written complaint enables the Respondent(s) and the investigators to deal with a clear and concise description of allegations. Therefore, if the Complainant does not file a written complaint, the investigator(s) will draft a written form of complaint which the Complainant will have an opportunity to review and consent to. The complaint should include the following information: • Name of the worker(s) who have allegedly experienced workplace harassment or discrimination and contact information including position/role • Name of the Respondent(s) and contact information, including position/role if known • Names of the witness(es) if any or other persons with relevant information (if any) and contact information (if known) • Details about the incident such as date(s), frequency, and location(s), behaviour and words used • Any supporting documents provided or which may be relevant in another person’s position (e.g., emails, notes, photographs) Prior to the Investigation Before commencing an investigation, the investigators should consider and recommend to company management how to address the interim situation during the investigation. Consideration may be given to whether the Complainant and/or the Respondent(s) be moved to a new assignment or sent home. The Respondent(s) should be advised of the existence of the complaint at the beginning of the investigative procedure. The investigators must determine the extent of the details provided based on each specific case. In some cases, it would be appropriate to put all the allegations to the Respondent(s) immediately and hear his or her response. In other cases, the investigators may wish to interview others first and establish some factual context for the interview with the Respondent(s), in which case the Respondent(s) may be informed of the existence of the complaint and its general nature and told he or she will be provided with details and interviewed later.

Appears in 2 contracts

Samples: Agreement, Agreement

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Right to Refuse. A bargaining unit employee alleging harassment or discrimination in the workplace is encouraged to use the above procedure to resolve a complaint. However, it is agreed, in principle, that in serious cases of harassment or discrimination, or when the safety of an employee is being threatened directly or indirectly by the Respondent(s), it may be necessary for that employee to leave the job. Before any employee takes such action, the parties agree that details with respect to the procedure regarding the ability of employees to leave their jobs as outlined above will be developed by the Master Employment Equity Committee and will be implemented as part of the Procedure no later than June 30, 2003. The purpose of this Policy and Procedure is to allow the CAW union and Ford of Canada the company the opportunity to address and resolve internal problems related to the objective of achieving a harassment and discrimination free workplace. This Policy and Procedure in no way precludes the Complainant's right to seek action under the applicable Human Rights legislation. The parties also agree to communicate this information about the Procedure to the workforce prior to June 30, 2003 through local union newsletters, bulletin board notices and company publications or any other mutually agreed upon method of communication. Recommended Investigation Guidelines are outlined below for the use of the investigators. INVESTIGATION GUIDELINES • An interview of the Complainant and the Respondent(s); • The Respondent(s) will be given an opportunity to respond to the allegations and, in some cases, the Complainant given the opportunity to reply; • Identification of and interview of relevant witnesses; • Identification of and review of relevant documents; • Documentation of interviews, including taking of statements and appropriate notes; • Preparation of a written report summarizing the investigation including the complaint/allegations, the response, evidence of witnesses, other evidence, and the results of the investigation. The Complainant and the Respondent(s) will be advised in writing of the results of the investigation (not the full report) and any corrective action taken or that will be taken as a result of the investigation, such as workplace training, in a timely fashion. Complaint Every effort should be made to have the Complainant submit a written complaint. This request should be submitted in a supportive, rather than an intimidating manner. A written complaint enables the Respondent(s) and the investigators to deal with a clear and concise description of allegations. Therefore, if the Complainant does not file a written complaint, the investigator(s) will draft a written form of complaint which the Complainant will have an opportunity to review and consent to. The complaint should include the following information: • Name of the worker(s) who have allegedly experienced workplace harassment or discrimination and contact information including position/role • Name of the Respondent(s) and contact information, including position/role if known • Names of the witness(es) if any or other persons with relevant information (if any) and contact information (if known) • Details about the incident such as date(s), frequency, and location(s), behaviour and words used • Any supporting documents provided or which may be relevant in another person’s position (e.g., emails, notes, photographs) Prior to the Investigation Before commencing an investigation, the investigators should consider and recommend to company management how to address the interim situation during the investigation. Consideration may be given to whether the Complainant and/or the Respondent(s) be moved to a new assignment or sent home. The Respondent(s) should be advised of the existence of the complaint at the beginning of the investigative procedure. The investigators must determine the extent of the details provided based on each specific case. In some cases, it would be appropriate to put all the allegations to the Respondent(s) immediately and hear his or her response. In other cases, the investigators may wish to interview others first and establish some factual context for the interview with the Respondent(s), in which case the Respondent(s) may be informed of the existence of the complaint and its general nature and told he or she will be provided with details and interviewed later.

Appears in 2 contracts

Samples: Agreement, Agreement

Right to Refuse. A bargaining unit employee alleging harassment or discrimination in the workplace is encouraged to use the above procedure to resolve a complaint. However, it is agreed, in principle, that in serious cases of harassment or discrimination, or when the safety of an employee is being threatened directly or indirectly by the Respondent(s)threatened, it may be necessary for that employee to leave the job. Before any employee takes such actionFurthermore, the parties agree that details with respect to the procedure regarding the ability of employees to leave their jobs as outlined above will be developed by the Master Employment Equity Committee and will be implemented as a part of this procedure following the Procedure Union leadership and Management representative training, to be completed no later than June 30The Union and Canada Inc. will endeavour to resolve all harassment complaints at the local level. However, 2003. The purpose if the complaint cannot be satisfactorily resolved locally or is of this Policy and Procedure is to allow an extremely serious nature, then other steps may be required including the CAW and Ford intervention of the National Union Canada the opportunity to address and resolve internal problems related to the objective of achieving a harassment and discrimination free workplaceInc. Staff. This Policy policy and Procedure procedure in no way precludes the Complainantcomplainant's right to seek action under the applicable Ontario Human Rights legislationCode. However, both the Union and Canada Inc. urge employees to use the internal mechanisms as outlined above before seeking alternative recourse. The parties also agree Union shall hold harmless Canada Inc. against any liability which may arise by reason of the implementation of a mutually acceptable resolution of a complaint. Where there is a mutually acceptable resolution, the Union agrees that grievances which may be filed as a result of discipline assumed against an individual alleged to communicate this information about have engaged in harassment will not be filed or pursued without concurrence of the Procedure National Union Office and written confirmation of such concurrence to the workforce prior to June 30, 2003 through local union newsletters, bulletin board notices Director of Labour Relations and company publications or any other mutually agreed upon method Labour Economics. REPRESENTATION Section Number of communication. Recommended Investigation Guidelines are outlined below for The Union may appoint and the use Company shall recognize three (3) committeepersons (one (1) of whom shall be chairperson of the investigators. INVESTIGATION GUIDELINES Complaint Every effort should committee consisting of two (2) members) who, at all times when on Company property, shall be made to have the Complainant submit a written complaint. This request should be submitted in a supportive, rather than an intimidating manner. A written complaint enables the Respondent(s) and the investigators to deal with a clear and concise description of allegations. Therefore, if the Complainant does not file a written complaint, the investigator(s) will draft a written form of complaint which the Complainant will have an opportunity to review and consent to. Prior subject to the Investigation Before commencing an investigation, rules and regulations to be observed by the investigators should consider employees. Each committeeperson at the time of appointment shall have at least twelve (12) months' seniority with the Company at its National Parts Distribution Centre and recommend to company management how to address be on the interim situation during the investigation. Consideration may be given to whether the Complainant and/or the Respondent(s) be moved to a new assignment or sent home. The Respondent(s) should be advised payroll of the existence of the complaint Company at the beginning time of the investigative procedure. The investigators must determine the extent of the details provided based on each specific case. In some cases, it would be appropriate to put all the allegations to the Respondent(s) immediately and hear his appointment or her response. In other cases, the investigators may wish to interview others first and establish some factual context for the interview with the Respondent(s), in which case the Respondent(s) may be informed of the existence of the complaint and its general nature and told he or she will be provided with details and interviewed laterelection.

Appears in 1 contract

Samples: Agreement

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