Common use of DISCRIMINATION / HARASSMENT Clause in Contracts

DISCRIMINATION / HARASSMENT. 24.1 The Company and the Union recognizes and agrees that there shall be no discrimination, interference, restraint, harassment, bullying, acts of violence, or coercion exercised or practiced by either of them or by any of their representatives. It shall be the right of employees to work in an environment free from harassment. Discriminatory harassment is defined as harassment based on one or more of the prohibited grounds under the Canadian Human Rights Act. The Union and Company agree that no FCM shall be discriminated against on account of membership or non-membership in the Union, participation in the lawful activities of the Union, or lawful conduct of a FCM during a work stoppage, or by reason of activity or lack of activity in the Union. The Company and the Union further agree that bullying shall be dealt with in a serious manner and treated with the same severity and level of concern as discrimination, harassment, and/or violence. 24.2 Properly discharged management responsibilities such as the assignment of work tasks, employee coaching and progressive discipline are not considered bullying. Harassment and violence is defined as: “Any action, conduct or comment, including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment”. 24.3 The Company and the Union will not condone harassment or violence in the workplace and will cooperate to maintain a harassment-free and violence-free workplace. The Company shall maintain a Workplace Violence and Harassment Prevention Program in accordance with the Canada Labour Code. 24.4 If a FCM believes that they have been harassed and/or discriminated against on the basis of a prohibited ground of the discrimination, the FCM should follow Company’s Workplace Violence and Harassment Policy. All matters will be dealt with the utmost confidentiality. Any complaint not resolved through the Company’s said policy may be addressed by the Union, pursuant to the grievance procedure. Nothing herein shall prevent a FCM from seeking redress under the Canadian Human Rights Act or Part II of the Canada Labour Code (the Code),with respect to complaints.

DISCRIMINATION / HARASSMENT. 24.1 Section 1 The Company and Federation shall not discriminate against an employee on the Union basis of prohibited grounds as set out in the BC Human Rights Code. Section 2 Discrimination shall include violation of the principle of equal pay for work of equal value. Section 3 The Federation recognizes and agrees that there shall be no discrimination, interference, restraint, harassment, bullying, acts of violence, or coercion exercised or practiced by either of them or by any of their representatives. It shall be the right of employees to work in an environment free from personal harassment. Discriminatory Harassment includes the exercise of power or authority in a manner which serves no legitimate work purpose and which a person ought reasonably to know is inappropriate. Section 4 Personal harassment is defined by the parties as harassment based behaviour which denies an individual her or his dignity or respect by creating an intimidating, humiliating, hostile or offensive work environment, and which may also constitute discrimination on one or more the basis of any of the grounds prohibited grounds under the Canadian BC Human Rights Act. . Section 5 The Union Federation recognizes common-law and Company agree that no FCM same-sex family relationships, and agrees to provide all rights and benefits available under this Agreement to employees in common-law and same-sex relationships in the same manner as provided to employees in heterosexual legal marriages. Section 6 No person shall be discriminated against on account subject to reprisal, threat of membership reprisal or non-membership discipline as a result of filing a complaint of harassment or sexual harassment. a) The procedure for resolving complaints of harassment or sexual harassment shall be as follows: b) Any complaint of harassment or sexual harassment shall be dealt with expeditiously and in the Unionstrict confidence. c) The complainant and/or alleged offender, participation in the lawful activities if a member of the Union, or lawful conduct shall be accompanied by a representative of a FCM during a work stoppage, or by reason of activity or lack of activity in the Union. The Company and the Union further agree that bullying shall be dealt with or colleague at all meetings in a serious manner and treated this procedure. d) The complainant may choose to speak to or correspond directly with the same severity and level of concern as discrimination, harassment, and/or violencealleged harasser in an attempt to resolve the matter. 24.2 Properly discharged management responsibilities such as e) In the assignment of work tasks, employee coaching and progressive discipline are not considered bullying. Harassment and violence is defined as: “Any action, conduct or comment, including of a sexual nature that can reasonably first instance attempts may be expected made to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment”resolve the matter informally. 24.3 The Company and f) If the Union will not condone harassment or violence in the workplace and will cooperate to maintain a harassment-free and violence-free workplace. The Company shall maintain a Workplace Violence and Harassment Prevention Program in accordance with the Canada Labour Code. 24.4 If a FCM believes that they have been harassed and/or discriminated against on the basis of a prohibited ground of the discrimination, the FCM should follow Company’s Workplace Violence and Harassment Policy. All matters will be dealt with the utmost confidentiality. Any complaint matter is not resolved through informal means, the Companycomplainant may refer the matter to the BC FED and the Chair of the USW who will ensure that the complaint is investigated. g) Investigation dates shall be set with the first available investigator from the mutually agreed list within ten (10) working days of the receipt of the complaint. h) Upon receipt of the complaint, they shall notify the alleged harasser in writing of the complaint and provide notice of investigation. i) The investigation shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. The complainant may request that the investigator be of the same gender as the complainant and where practicable the request will not be denied. Section 8 The investigator shall be asked to provide both a report and recommendation to the BC FED and the Chair of the USW. The report shall remain confidential. The complainant shall be informed in writing that disciplinary action was or was not taken. a) The Investigator’s said policy report and recommendations shall be implemented and may be addressed include: b) For the complainant: i) reinstatement of sick leave used as a result of harassment; ii) counselling; iii) other remedies as recommended by the investigator c) For the harasser; i) corrective action including discipline; ii) counselling; iii) courses or programs; iv) other remedies as recommended by the investigator a) If the employer fails to follow the provisions of the collective agreement, the complainant may initiate a grievance at Step 2 of the Grievance Procedure. b) If the complainant is not satisfied with the investigator’s recommendation, the complainant may pursue a grievance at Step 2 of the Grievance Procedure. If the complainant, through the Union, pursuant chooses to file a grievance under Section 10 a) or b), the Employer will not be obligated to implement the recommendations as set out in Section 9 a). All parties agree that the investigator’s report and recommendations will not be referenced or entered as evidence in any way during any grievance procedure. Nothing herein shall prevent a FCM from seeking redress under the Canadian Human Rights Act or Part II arbitration arising out of the Canada Labour Code (the Code),with respect to complaintsthis Section.

DISCRIMINATION / HARASSMENT. 24.1 The Company Employer and the Union recognizes and agrees that there shall be no discrimination, interference, restraint, harassment, bullying, acts of violence, harassment or coercion exercised or practiced by either of them or by any of their representatives. It shall be the right of employees to work in an environment free from harassment. Discriminatory harassment is defined as harassment based on one age, race, caste, creed, national or more of the prohibited grounds under the Canadian Human Rights Act. The Union and Company agree that no FCM shall be discriminated against on account of ethnic origin, political or religious affiliation, sex, gender identity/expression, sexual orientation, material status, same sex partnership status, physical disability, mental disability, conviction for which a pardon has been granted, union membership or non-membership in the Union, participation in the lawful activities of the Union, or lawful conduct of a FCM during a work stoppage, or by reason of activity or lack of activity in the Unionunion. The Company and the Union further agree that bullying shall be dealt with in a serious manner and treated with the same severity and level of concern as discrimination, discrimination and harassment, and/or violence. 24.2 23.6.1 Bullying and harassment are often described as a course of comment or conduct that is known, or ought reasonably to be known, to be unwelcome. The unwelcome conduct causes an intimidating, threatening, or hostile work environment such that the victim’s work performance is impaired, their relationships are negatively affected and their dignity is denied. Properly discharged management responsibilities such as the assignment of work tasks, employee coaching and progressive discipline are not considered bullying. Harassment and violence is defined as: “Any action, conduct or comment, including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment”. 24.3 23.6.2 The Company Employer and the Union will not condone harassment or violence in the workplace and will cooperate to maintain a harassment-free and violence-free workplace. The Company shall maintain a Workplace Violence and Harassment Prevention Program in accordance with Part XX of the Canada Labour CodeCanadian Occupational Health and Safety (COHS) Regulations. 24.4 23.6.3 If a FCM an employee believes that they have he/she has been harassed and/or discriminated against on the basis of a prohibited ground of the discrimination, the FCM employee should follow Company’s Workplace Violence notify the District Chairperson and Harassment Policy. All matters will be dealt with should notify the utmost confidentiality. Any complaint not resolved through Company via the reporting process detailed in the Company’s said policy Occupational Health and Safety Manual. 23.6.4 Investigations concerning matters of harassment and/or discrimination involving FCMs shall be conducted in accordance with Company policy, with the stipulation that the investigation may be addressed by conducted jointly between the Company and the Union, pursuant subject to the grievance procedure. Nothing herein shall prevent a FCM from seeking redress under the Canadian Human Rights Act or Part II mutual agreement of the Canada Labour Code (the Code),with respect to complaintsboth parties.

DISCRIMINATION / HARASSMENT. 24.1 The Company Employer and the Union Association recognizes and agrees that there shall be no discrimination, interference, restraint, harassment, bullying, acts of violence, harassment or coercion exercised or practiced by either of them or by any of their representatives. It shall be the right of employees to work in an environment free from harassment. Discriminatory harassment is defined as harassment based on one age, race, caste, creed, national or more ethnic origin, political or religious affiliation, sex, gender identity/expression, sexual orientation, material status, same sex partnership status, physical disability, mental disability, conviction for which a pardon has been granted, Association membership or participation in the lawful activities of the prohibited grounds under the Canadian Human Rights ActAssociation. The Union Association and Company agree that no FCM Pilot shall be discriminated against on account of membership or non-non- membership in the Union, participation in the lawful activities of the Union, or lawful conduct of a FCM during a work stoppage, Association or by reason of activity or lack of activity in the UnionAssociation. The Company and the Union Association further agree that bullying shall be dealt with in a serious manner and treated with the same severity and level of concern as discrimination, discrimination and harassment, and/or violence. 24.2 23.6.1 Bullying and harassment are often described as a course of comment or conduct that is known, or ought reasonably to be known, to be unwelcome. The unwelcome conduct causes an intimidating, threatening, or hostile work environment such that the victim’s work performance is impaired, their relationships are negatively affected and their dignity is denied. Properly discharged management responsibilities such as the assignment of work tasks, employee coaching and progressive discipline are not considered bullying. Harassment and violence is defined as: “Any action, conduct or comment, including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment”. 24.3 23.6.2 The Company Employer and the Union Association will not condone harassment or violence in the workplace and will cooperate to maintain a harassment-free and violence-free workplace. The Company shall maintain a Workplace Violence and Harassment Prevention Program in accordance with Part XX of the Canada Labour CodeCanadian Occupational Health and Safety (COHS) Regulations. 24.4 23.6.3 If a FCM Pilot believes that they have been harassed and/or discriminated against on the basis of a prohibited ground of the discrimination, the FCM should follow Company’s Workplace Violence Pilot may: (a) Tell the person involved as soon as possible how they feel and Harassment Policyrequest that they stop the conduct found offensive; (b) If the Pilot feels uncomfortable approaching the person, or if the harassment continues, they may bring the incident forming the basis of the complaint to the attention of the Company and the Association; (c) The parties will review the complaint and where warranted, a joint investigation will be conducted; (d) It is the intention of the Association and the Company that, where practical, a joint investigation will begin within five (5) calendar days of the lodging of the written complaint and shall be completed within fifteen (15) calendar days after the lodging of the complaint. These timelines may be extended by mutual agreement; (e) All matters will be dealt with the utmost confidentiality. . (f) Any complaint not resolved through the Company’s said policy this process may be addressed by the UnionAssociation or the complainant directly to the Company, pursuant to the grievance procedure. ; (g) Should the claim involve a non-bargaining unit Pilot, discipline, if any, shall not be subject to the grievance and arbitration procedure; and (h) Nothing herein shall prevent a FCM Pilot from seeking redress under the Canadian Human Rights Act or Part II of the Canada Labour Code (the Code),with with respect to complaintscomplaints of discrimination or harassment. 23.6.4 Investigations concerning matters of harassment and/or discrimination involving FCMs shall be conducted in accordance with Company policy, with the stipulation that the investigation may be conducted jointly between the Company and the Association, subject to the mutual agreement of both parties.