Common use of Formal Investigation Clause in Contracts

Formal Investigation. If the matter remains unresolved, is a serious issue of personal harassment, or is an incident of Human Rights harassment, the complainant will make a complaint in writing in the form of an assigned letter to the President of the Local Union which will be forwarded to the Company’s Harassment Policy Coordinator. The signed letter will contain sufficient detail to determine if the matter will proceed to a formal investigation. Unifor and the Company will each select an individual who will act as an investigator and will communicate the names of their designate to each other. The Union and Company designates will then contact each other and arrange to conduct a joint investigation. At the beginning of the investigation the complainant’s identity and the general nature of the complaint will be communicated to the alleged harasser (respondent). When the complainant and respondent are members of different bargaining units, the senior executive of the respondent’s bargaining unit will be informed by the Company Harassment Coordinator and will have the right to appoint an investigator to hear all evidence in the formal investigation. If the matter remains unresolved at the completion of the investigation, a joint report will be prepared by the investigators. Where the preparation of a joint report is not possible, the investigators may submit separate reports in which case each will receive a copy of the other’s report. A recommendation to resolve the complaint will be made by the Company investigator. The Union investigator may choose whether or not to submit a recommendation. The report will be submitted within fourteen (14) calendar days of the filing of the complaint. An extension of the time limit for submitting the report may be agreed between the Assistant Vice President, Labour Relations and the President of the Local. Within ten (10) calendar days of receiving the investigation reports the Assistant Vice President, Labour Relations shall issue such orders as may be necessary to resolve the complaint. Summarizing the findings of the investigation (harassment has been or has not been substantiated) these orders will be communicated in writing to the complainant, the respondent and the President of the Local Union. At any time during the formal investigation process the Assistant Vice President, Labour Relations may take measures to separate employees, if deemed necessary. Appeals Where any party to the investigation is not satisfied with the decision, a letter requesting a review of the decision will be sent to the Assistant Vice President, Labour Resources within fourteen (14) calendar days of receipt of the decision. The Assistant Vice President, Labour Relations and the President of the Local will jointly review the decision. Where Unifor is not satisfied with the decision, the complaint will be referred to expedited arbitration with a single arbitrator. Agreement on the selection of the arbitrator and the dates of his/her availability to rule on this matter will not be unreasonably delayed or withheld by either party. In cases of Human Rights harassment where the complainant is not satisfied with the final outcome of the process s/he has the right to seek redress under the Canadian Human Rights Act. Where changes in the workplace are made necessary by demonstrated harassment, the harasser shall be subject to changes such as transfer or reassignment, except where the complainant is transferred at his/her request.

Formal Investigation. If the matter remains unresolved, is a serious issue of personal harassment, or is an incident The Department of Human Rights harassmentResources shall appoint an investigator within ten days of receiving a request for a Workplace Harassment & Bullying investigation and the investigation shall proceed expeditiously and on a confidential basis. • One of three types of investigators may be appointed: o internal investigator (i.e. senior management, the complainant will make a complaint in writing in the form of an assigned letter to the President trained investigator, member of the Local Union which occupational health & safety committee) o third-party investigator o referral to Emergency Services • The investigator will be forwarded responsible for establishing the facts, including interviews with the Complainant, Respondent and any Witnesses. • The Complainant, Respondent and Witnesses may be called upon with minimal advance notice to ensure the Company’s Harassment Policy Coordinator. The signed letter will contain sufficient detail to determine if the matter will proceed to a formal investigation. Unifor confidentiality and the Company will each select an individual who will act as an investigator and will communicate the names of their designate to each other. The Union and Company designates will then contact each other and arrange to conduct a joint investigation. At the beginning timeliness of the investigation the complainant’s identity and the general nature process. • The investigation will include interviews of the complaint Complainant, the Respondent and any Witnesses. • The Complainant, Respondent and Witnesses will be communicated to the alleged harasser (respondent). When the complainant and respondent are members of different bargaining units, the senior executive of the respondent’s bargaining unit will be informed by the Company Harassment Coordinator and will have the right to appoint an investigator to hear all evidence in the formal investigation. If the matter remains unresolved at the completion of the investigation, a joint report will be prepared by the investigators. Where the preparation of a joint report is not possible, the investigators may submit separate reports in which case each will receive provided a copy of the other’s report. A recommendation to resolve information they provided during the complaint will be made by the Company investigator. The Union investigator may choose whether or not to submit a recommendation. The report will be submitted within fourteen (14) calendar days course of the filing investigation. • Any of the complaintparties may request union representation during the investigation process. An extension Investigative Process • The Manager of the time limit for submitting the report may be agreed between the Assistant Vice President, Labour Relations and the President of the Local. Within Human Resources appoints an investigator within ten (10) calendar days of receiving the request for an investigation reports • The investigator interviews the Assistant Vice President, Labour Relations shall issue such orders Complainant • The investigator interviews any witnesses identified as having knowledge of the incident • The investigator interviews the Respondent to obtain the Respondent’s response to the allegations in the complaint • It may be necessary for the investigator to resolve re-interview the Complainant, Respondent or witnesses • The investigator will prepare and submit a report summarizing the facts and findings within 30 days of initiating the investigation and conclude whether there is: o sufficient evidence to substantiate a finding of violation of the policy/program o insufficient or lack of credible evidence to substantiate a finding of violation of the o policy, or o no credible evidence to substantiate a violation of the policy. Copies of the investigator’s report will be distributed to the following recipients: • the Executive Director • the Department of Human Resources • the Project/Program Manager • the Complainant • the Respondent • representatives of the union(s) of which the Complainant and/or Respondent are members • Occupational Health & Safety Committee Based on the investigator’s findings, the Project/Program Manager or delegate in consultation with the Department of Human Resources and/or other PHS Directors as relevant shall determine whether further action is warranted (i.e. initiate corrective action) and advise the Complainant and Respondent in writing of the outcome within 10 days of receiving the investigator’s report. As applicable, a copy of the outcome will be provided to the union(s) of which the Complainant and Respondent are members. Where a complaint is lodged by more than one Complainant or is against more than one Respondent, the Complainant or Respondent, as the case may be, shall receive only the portions of findings applicable to their specific complaint/response. Summarizing Any of the parties may request a formal review of the decision of the investigator by submitting additional evidence in writing to the Department of Human Resources within 30 days of receiving the findings of the investigation (investigator. Incident follow up Regardless of whether or not allegations of bullying and harassment has been are found to be true, they can affect an entire team, group, and workplace. So, after a bullying and harassment complaint is made, employers might work on “restoring the workplace.” This involves establishing or has not been substantiated) these orders will be communicated in writing re-establishing positive working relationships. Employers and supervisors can talk to the complainanttarget and alleged bully about what each party needs to move forward, as follows: • Determine what is and what is not appropriate to share with the group. • Even if you cannot discuss details with members of the group, you can offer support: o Have “check-in” meetings with the alleged bully, the respondent target, and their co-workers to see how things are going — this provides an opportunity for workers to confidentially express concerns about any bullying and harassment that may have continued. o Have team discussions to clarify mutual expectations for how everyone will work together respectfully, including during periods of disagreement. o Offer assistance to workers, whether it’s through an employee assistance program, counselling through extended health coverage, or another resource. o Consider if there’s a need for training or awareness sessions about bullying and harassment. Worker Support • Workers who experience an incident of Workplace Harassment & Bullying that is a traumatic incident may require emotional support from a professional. Support services are available through the President PHS Wellness Program, PHS Counsellors, Health Services or other community support services. • Co-Workers should be encouraged to talk about problems they may be experiencing and to be supportive of the Local Unionaffected Worker. At any time during the formal investigation process the Assistant Vice President, Labour Relations may take measures to separate employees, if deemed necessary. Appeals Where any party to the investigation is not satisfied with the decisionIn some situations, a letter requesting a review of the decision will group debriefing, utilizing external qualified professionals, may be sent to the Assistant Vice President, Labour Resources within fourteen (14) calendar days of receipt of the decisionappropriate. The Assistant Vice President, Labour Relations and the President of the Local will jointly review the decision. Where Unifor is not satisfied with the decision, the complaint will These sessions can be referred to expedited arbitration with a single arbitrator. Agreement on the selection of the arbitrator and the dates of his/her availability to rule on this matter will not be unreasonably delayed or withheld arranged by either party. In cases of contacting Human Rights harassment where the complainant is not satisfied with the final outcome of the process s/he has the right to seek redress under the Canadian Human Rights Act. Where changes in the workplace are made necessary by demonstrated harassment, the harasser shall be subject to changes such as transfer or reassignment, except where the complainant is transferred at his/her requestResources.

Formal Investigation. If the matter remains unresolved, is a serious issue of personal harassment, or is an incident of Human Rights harassment, the complainant will make a complaint in writing in the form of an assigned letter to the President of the Local Union which will be forwarded to the Company’s Harassment Policy CoordinatorDirector of Human Resources or their assigned designate. The signed letter will contain sufficient detail to determine if the matter will proceed to a formal investigation. Should the conflict be between two (2) Unifor members, Unifor and the Company will each select an individual who will act as an investigator and will communicate the names of their designate to each other. ? The Union and Company designates will then contact each other and arrange to conduct a joint investigation. At the beginning of the investigation the complainant’s identity and the general nature of the complaint will be communicated to the alleged harasser (respondent). When the complainant and respondent are members of different bargaining units, the senior executive of the respondent’s bargaining unit will be informed by the Company Harassment Coordinator Director of Human Resources or their assigned designate and will have the right to appoint an and investigator to hear all evidence in the formal investigation. If the matter remains unresolved at the completion of the investigation, a joint report will be prepared by the investigators. Where the preparation of a joint report is not possible, the investigators may submit separate reports in which case each will receive a copy of the other’s report. A recommendation to resolve the complaint will be made by the Company investigator. The Union investigator may choose whether or not to submit a recommendation. The report will be submitted within fourteen (14) calendar days of the filing of the complaint. An extension of the time limit for submitting the report may be agreed between the Assistant Vice President, Labour Relations Director of Human Resources and the President of the Local. Within ten (10) calendar days of receiving the investigation reports the Assistant Vice President, Labour Relations Director of Human Resources shall issue such orders as may be necessary to resolve the complaint. Summarizing the findings of the investigation (harassment has been or has not been substantiated) ), these orders will be communicated in writing to the complainant, the respondent and the President of the Local Union. At any time during the formal investigation process the Assistant Vice President, Labour Relations Director of Human Resources may take measures to separate employees, if deemed necessary. Appeals Where any party to the investigation is not satisfied with the decision, a letter requesting a review of the decision will be sent to the Assistant Vice President, Labour Director of Human Resources within fourteen (14) 14 calendar days of receipt of the decision. The Assistant Vice President, Labour Relations Director of Human Resources and the President of the Local will jointly review the decision. Where Unifor is not satisfied with the decision, the complaint will be referred to expedited arbitration with a single arbitrator. Agreement on the selection of the arbitrator and the dates of his/her availability to rule on this matter will not be unreasonably delayed or withheld by either party. In cases of Human Rights harassment where the complainant is not satisfied with the final outcome of the process s/he has the right to seek redress under the Canadian Human Rights Act. Where changes in the workplace are made necessary by demonstrated harassment, the harasser shall be subject to changes such as transfer or reassignment, except where the complainant is transferred at his/her request. Domestic Violence The Company agrees to recognize that employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. For that reason, the parties agree that when there is adequate verification from a recognized professional (i.e. doctor, lawyer, professional counsellor), an employee who is in an abusive or violent personal situation will not be subject to discipline without giving full consideration to the facts in the case of each individual and the circumstances surrounding the incident otherwise supportive of discipline. This Article is subject to a standard of good faith on the part of the Company, the Union and affected employees, and will not be utilized by the Union or employees to subvert the application of otherwise appropriate disciplinary measures.

Formal Investigation. If the matter remains unresolved, is a serious issue of personal harassment, or is an incident of Human Rights harassment, the complainant will make a complaint in writing in the form of an assigned letter to the President of the Local Union which will be forwarded to the Company’s 's Harassment Policy Coordinator. The signed letter will contain sufficient detail to determine if the matter will proceed to a formal investigation. Unifor and the Company will each select an individual who will act as an investigator and will communicate the names of their designate to each other. 56 Unifor YUL-YYZ Agreement 2015.doc The Union and Company designates will then contact each other and arrange to conduct a joint investigation. At the beginning of the investigation the complainant’s 's identity and the general nature of the complaint will be communicated to the alleged harasser (respondent). When the complainant and respondent are members of different bargaining units, the senior executive of the respondent’s 's bargaining unit will be informed by the Company Harassment Coordinator and will have the right to appoint an investigator to hear all evidence in the formal investigation. If the matter remains unresolved at the completion of the investigation, a joint report will be prepared by the investigators. Where the preparation of a joint report is not possible, the investigators may submit separate reports in which case each will receive a copy of the other’s 's report. A recommendation to resolve the complaint will be made by the Company investigator. The Union investigator may choose whether or not to submit a recommendation. The report will be submitted within fourteen (141 4) calendar days of the filing of the complaint. An extension of the time limit for submitting the report may be agreed between the Assistant Vice President, Labour Relations and the President of the Local. Within ten (101 0) calendar days of receiving the investigation reports the Assistant Vice President, Labour Relations shall issue such orders as may be necessary to resolve the complaint. Summarizing the findings of the investigation (harassment has been or has not been substantiated) these orders will be communicated in writing to the complainant, the respondent and the President of the Local Union. At any time during the formal investigation process the Assistant Vice President, Labour Relations may take measures to separate employees, if deemed necessary. Appeals Where any party to the investigation is not satisfied with the decision, a letter requesting a review of the decision will be sent to the Assistant Vice President, Labour Resources within fourteen (141 4) calendar days of receipt of the decision. The Assistant Vice President, Labour Relations and the President of the Local will jointly review the decision. Where Unifor is not satisfied with the decision, the complaint will be referred to expedited arbitration with a single arbitrator. Agreement on the selection of the arbitrator and the 57 Unifor YUL-YYZ Agreement 2015.doc dates of his/her availability to rule on this matter will not be unreasonably delayed or withheld by either party. In cases of Human Rights harassment where the complainant is not satisfied with the final outcome of the process s/he has the right to seek redress under the Canadian Human Rights Act. Where changes in the workplace are made necessary by demonstrated harassment, the harasser shall be subject to changes such as transfer or reassignment, except where the complainant is transferred at his/her request.

Formal Investigation. If the matter remains unresolved, is a serious issue of personal harassment, or is an incident of Human Rights harassment, the complainant will make a complaint in writing in the form of an assigned letter to the President of the Local Union which will be forwarded fotfarded to the Company’s 's Harassment Policy Coordinator. The signed letter will contain sufficient detail to determine if the matter will proceed to a formal investigation. Unifor and the Company will each select an individual who will act as an investigator and will communicate the names of their designate to each other. 56 Unifor YUL-YYZ Agreement 2015.doc The Union and Company designates will then contact each other and arrange to conduct a joint investigation. At the beginning of the investigation the complainant’s 's identity and the general nature of the complaint will be communicated to the alleged harasser (respondent). When the complainant and respondent are members of different bargaining units, the senior executive of the respondent’s 's bargaining unit will be informed by the Company Harassment Coordinator and will have the right to appoint an investigator to hear all evidence in the formal investigation. If the matter remains unresolved at the completion of the investigation, a joint report will be prepared by the investigators. Where the preparation of a joint report is not possible, the investigators may submit separate reports in which case each will receive a copy of the other’s 's report. A recommendation to resolve the complaint will be made by the Company investigator. The Union investigator may choose whether or not to submit a recommendation. The report will be submitted within fourteen (141 4) calendar days of the filing of the complaint. An extension of the time limit for submitting the report may be agreed between the Assistant Vice President, Labour Relations and the President of the Local. Within ten (101 0) calendar days of receiving the investigation reports the Assistant Vice President, Labour Relations shall issue such orders as may be necessary to resolve the complaint. Summarizing the findings of the investigation (harassment has been or has not been substantiated) these orders will be communicated in writing to the complainant, the respondent and the President of the Local Union. At any time during the formal investigation process the Assistant Vice President, Labour Relations may take measures to separate employees, if deemed necessary. Appeals Where any party to the investigation is not satisfied with the decision, a letter requesting a review of the decision will be sent to the Assistant Vice President, Labour Resources within fourteen (141 4) calendar days of receipt of the decision. The Assistant Vice President, Labour Relations and the President of the Local will jointly review the decision. Where Unifor is not satisfied with the decision, the complaint will be referred to expedited arbitration with a single arbitrator. Agreement on the selection of the arbitrator and the 57 Unifor YUL-YYZ Agreement 2015.doc dates of his/her availability to rule on this matter will not be unreasonably delayed or withheld by either party. In cases of Human Rights harassment where the complainant is not satisfied with the final outcome of the process s/he has the right to seek redress under the Canadian Human Rights Act. Where changes in the workplace are made necessary by demonstrated harassment, the harasser shall be subject to changes such as transfer or reassignment, except where the complainant is transferred at his/her request.

Formal Investigation. If the matter remains unresolved, is a serious issue of personal harassment, or is an incident of Human Rights harassment, the complainant will make a complaint in writing in the form of an assigned letter to the President of the Local Union which will be forwarded to the Company’s Harassment Policy Coordinator. The signed letter will contain sufficient detail to determine if the matter will proceed to a formal investigation. Unifor The CAW and the Company will each select an individual who will act as an investigator and will communicate the names of their designate to each other. The Union and Company designates will then contact each other and arrange to conduct a joint investigation. At the beginning of the investigation the complainant’s identity and the general nature of the complaint will be communicated to the alleged harasser (respondent). When the complainant and respondent are members of different bargaining units, the senior executive of the respondent’s bargaining unit will be informed by the Company Harassment Coordinator and will have the right to appoint an investigator to hear all evidence in the formal investigation. If the matter remains unresolved at the completion of the investigation, a joint report will be prepared by the investigators. Where the preparation of a joint report is not possible, the investigators may submit separate reports in which case each will receive a copy of the other’s report. A recommendation to resolve the complaint will be made by the Company investigator. The Union investigator may choose whether or not to submit a recommendation. The report will be submitted within fourteen (14) 14 calendar days of the filing of the complaint. An extension of the time limit for submitting the report may be agreed between the Assistant Vice President, Labour Relations and the President of the Local. Within ten (10) calendar days of receiving the investigation reports the Assistant Vice President, Labour Relations shall issue such orders as may be necessary to resolve the complaint. Summarizing the findings of the investigation (harassment has been or has not been substantiated) ), these orders will be communicated in writing to the complainant, the respondent and the President of the Local Union. At any time during the formal investigation process the Assistant Vice President, Labour Relations may take measures to separate employees, if deemed necessary. Appeals Where any party to the investigation is not satisfied with the decision, a letter requesting a review of the decision will be sent to the Assistant Vice President, Labour Human Resources within fourteen (14) 14 calendar days of receipt of the decision. The Assistant Vice President, Labour Relations and the President of the Local will jointly review the decision. Where Unifor the CAW is not satisfied with the decision, the complaint will be referred to expedited arbitration with a single arbitrator. Agreement on the selection of the arbitrator and the dates of his/her availability to rule on this matter will not be unreasonably delayed or withheld by either party. In cases of Human Rights harassment where the complainant is not satisfied with the final outcome of the process s/he has the right to seek redress under the Canadian Human Rights Act. Where changes in the workplace are made necessary by demonstrated harassment, the harasser shall be subject to changes such as transfer or reassignment, except where the complainant is transferred at his/her request.