Common use of Workplace Harassment Clause in Contracts

Workplace Harassment. 4:03 The University will provide an environment where employees are not subjected to workplace harassment. Employees will not engage in workplace harassment. In assessing whether workplace harassment may have occurred, the definitions and standards set out in the Occupational Health and Safety Act and the University's Workplace Harassment Program (including the University’s Human Resources Guideline on Civil Conduct, and the University’s Guideline for Employees on Concerns and Complaints Regarding Prohibited Discrimination and Discriminatory Harassment), as they exist from time to time, although they do not form part of the Collective Agreement, shall be considered, including by an arbitrator in any arbitration pursuant to this section. For clarity, the current Occupational Health and Safety Act defines “workplace harassment” as: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”. For clarity, workplace harassment may occur while on University of Toronto premises and in work-related activities or social events occurring off-campus. For clarity, workplace harassment that occurs through electronic means is covered by this Article. The University will notify the Union when any substantive changes are made to the University’s Civility Guidelines and at the request of the Union will meet to discuss such changes. An employee may file a grievance alleging a course of conduct amounting to workplace harassment if, after the University has exhausted any applicable internal steps to respond to the situation, the employee is dissatisfied with the outcome or if, after 45 days have elapsed from the date the written complaint was brought to the attention of the University, identifying the conduct alleged to constitute workplace harassment, the University has not provided the employee with a response to the complaint. Such grievance will be filed at Step 3 of the grievance procedure. If not resolved at Step 3, the parties may agree to mediation or facilitation before an agreed upon mediator or facilitator before arbitration takes place. The mediation or facilitation will be confidential and without prejudice to the rights of either party. During any internal steps taken to resolve the situation, employees shall have the right to be accompanied by a Union Representative. Sexual Violence and Sexual Harassment

Workplace Harassment. 4:03 4:10 The University will provide an environment where employees members of the bargaining unit are not subjected to workplace harassment. Employees Bargaining unit employees will not engage in workplace harassment. In assessing whether workplace harassment may have occurred, the definitions and standards set out in the Occupational Health and Safety Act and the University's ’s Workplace Harassment Program (including the University’s Human Resources Guideline on Civil Conduct, and the University’s Guideline for Employees on Concerns and Complaints Regarding Prohibited Discrimination and Discriminatory Harassment), as they exist from time to time, although they do not form part of the Collective Agreementcollective agreement, shall be considered, including by an arbitrator in any arbitration pursuant to this section. For clarity, the current Occupational Health and Safety Act defines “workplace harassment” as: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”. .” For clarity, workplace harassment may occur while on University of Toronto premises and in work-related activities or social events occurring off-campus. For clarity, workplace harassment that occurs through electronic means is covered by this Article. The University will notify the Union when any substantive changes are made to the University’s Civility Guidelines and at the request of the Union will meet to discuss such changes. An employee may file a grievance alleging a course of conduct amounting to workplace harassment if, after the University has exhausted any applicable internal steps to respond to the situation, the employee is dissatisfied with the outcome or if, after 45 sixty (60) working days have elapsed from the date the written complaint was brought finalized, signed by the employee and submitted to the attention of the University, identifying specifying the conduct alleged to constitute workplace harassment, the University has not provided the employee with a response to the complaint. Such grievance will be filed at Step 3 (or Step 2 in the case of single department faculties) of the grievance procedure. If not resolved at Step 3, the parties may agree to mediation or facilitation before an agreed upon mediator or facilitator before arbitration takes place. The mediation or facilitation will be confidential and without prejudice to the rights of either party. During any internal steps taken to resolve the situation, employees shall have the be informed in writing of their right to be accompanied by a Union Representative. Sexual Violence and Sexual Harassmentrepresentative.

Workplace Harassment. 4:03 The University will provide an environment where employees are not subjected employer recognizes that no employee shall be subject to workplace harassment. Workplace harassment shall be as defined by the Ontario The Canadian Union of Public Employees Local (Maintenance, Caretaker, Bus Driver) Collective Agreement September August Page Human Rights Code and shall include sexual orientation as a prohibited grounds of discrimination. If the employer decides a transfer is necessary because of an incident or incidents considered to be workplace harassment, the employee who has been harassed shall not be transferred against will. The Employer agrees that no employee shall be laid off or have their hours of work reduced as a result of a position, school, or workplace becoming bilingual. The Memorandum of Agreement regarding qualifications for Head Caretakers Elementary School, Head Caretakers Secondary School shall form part of this agreement. Head Custodians of this Board who were employees of the predecessor and Xxxxxxxxx County Board of Education at the signing of this Agreement, are and are not in any way affected by the Memorandum referred to herein. It is agreed between the Parties that for the life of this agreement, that existing letters, memoranda or written agreements shall continue to remain in effect insofar as they might provide for an understanding or agreement in respect to the interpretation, administration or application of the Collective Agreement. It is further agreed between the Parties that during the life of this Agreement a schedule shall be developed which shall list the aforementioned letters and memoranda and only those that are on the schedule and specifically renewed shall have force and effect in respect to subsequent Collective Agreements. The parties agree that Caretaker replacement shall be determined by the Board as required to meet the standards of maintenance and cleanliness that it deems to be acceptable. The responsibility for securing the replacement or not shall be solely vested in the management of the Board and shall not be a responsibility of any bargaining unit member. It is understood that where a replacement has not been provided there may be a reduced level of and as such there will not engage in workplace harassment. In assessing whether workplace harassment may have occurred, be an expectation on the definitions and standards set out in remaining caretakers to deliver more than the Occupational Health and Safety Act and the University's Workplace Harassment Program (including the University’s Human Resources Guideline on Civil Conduct, and the University’s Guideline for Employees on Concerns and Complaints Regarding Prohibited Discrimination and Discriminatory Harassment), as they exist from time to timeusual daily workload, although they do not form part specific tasks may be reassigned by the supervisor. For the duration of the Collective Agreement, the parties agree that they shall be consideredjointly review Caretaker replacement practices on a semi-annual basis. The Employer agrees that any rights, privileges, or conditions of employment, including by an arbitrator hours of work, etc. that the employees classified as Plant Project Supervisor, Plant Construction Supervisor, or Foreperson of Operations now possess, shall continue in any arbitration pursuant to effect unless the conditions of this section. For clarityagreement are The Canadian Union of Public Employees Local (Maintenance, Caretaker, Bus Driver) Collective Agreement September August Page equal or better than the current Occupational Health and Safety Act defines “workplace harassment” as: “engaging conditions now in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”. For clarity, workplace harassment may occur while on University of Toronto premises and in work-related activities or social events occurring off-campus. For clarity, workplace harassment that occurs through electronic means is covered by this Article. The University will notify the Union when any substantive changes are made to the University’s Civility Guidelines and at the request of the Union will meet to discuss such changes. An employee may file a grievance alleging a course of conduct amounting to workplace harassment if, after the University has exhausted any applicable internal steps to respond to the situation, the employee is dissatisfied with the outcome or if, after 45 days have elapsed from the date the written complaint was brought to the attention of the University, identifying the conduct alleged to constitute workplace harassment, the University has not provided the employee with a response to the complaint. Such grievance will be filed at Step 3 of the grievance procedure. If not resolved at Step 3, the parties may agree to mediation or facilitation before an agreed upon mediator or facilitator before arbitration takes place. The mediation Employer shall reimburse employees the cost of medical certificates required for the renewal of Class “ A and or facilitation Class and or the endorsement Licences required in the performance of their duties. The Employer shall reimburse employees for the renewal of Trade Licences, and Class “A, or endorsement driver licences required in the performance of their duties. CRIMINAL BACKGROUND CHECK The Board will be confidential and without prejudice to pay the rights of either partycost (processing fee only) associated with obtaining Criminal Background Checks that are mandated by Provincial Legislation or Board for existing permanent employees. During any internal steps taken to resolve the situation, Newly hired employees shall have the right to be accompanied by a Union Representative. Sexual Violence and Sexual Harassmentmust provide current Criminal Background Checks at their own expense.

Workplace Harassment. 4:03 4:11 The University will provide an environment where employees members of the Bargaining Unit are not subjected to workplace harassment. Employees Bargaining Unit employees will not engage in workplace harassment. In assessing whether workplace harassment may have occurred, the definitions and standards set out in the Occupational Health and Safety Act and the University's ’s, Workplace Harassment Program (including the University’s Human Resources Guideline on Civil Conduct, and the University’s Guideline for Employees on Concerns and Complaints Regarding Prohibited Discrimination and Discriminatory Harassment), as they exist from time to time, although they do not form part of the Collective Agreement, shall be considered, including by an arbitrator in any arbitration pursuant to this section. For clarity, the current Occupational Health and Safety Act defines “workplace harassment” as: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”.” The University will notify the Union when any substantive changes are made to the University's Civility Guidelines and at the request of the Union will meet to discuss such changes. For clarity, it is possible for workplace harassment may to occur while on University of Toronto premises and in work-related activities or social events occurring off-campus. For further clarity, workplace harassment that occurs through electronic means is covered by this Article. The University will notify the Union when any substantive changes are made to the University’s Civility Guidelines and at the request of the Union will meet to discuss such changes. An employee may file a grievance alleging a course of conduct amounting to workplace harassment if, after the University has exhausted any applicable internal steps to respond to the situation, the employee is dissatisfied with the outcome or if, after 45 days have elapsed from the date the written complaint was brought to the attention of the University, identifying the conduct alleged to constitute workplace harassment, the University has not provided the employee with a response to the complaint. Such grievance will be filed at Step 3 of the grievance procedure. If not resolved at Step 3, the parties may agree to mediation or facilitation before an agreed upon mediator or facilitator before arbitration takes place. The mediation or facilitation will be confidential and without prejudice to the rights of either party. During any internal steps taken to resolve the situation, employees shall have the right to be accompanied by a Union Representative. Sexual Violence and Sexual Harassmentsixty

Workplace Harassment. 4:03 5:02 The University will provide an environment where employees members of the bargaining unit are not subjected to workplace harassment. Employees Bargaining unit employees will not engage in workplace harassment. In assessing whether workplace harassment may have occurred, the definitions and standards set out in the Occupational Health and Safety Act and the University's ’s Workplace Harassment Program (including the University’s Human Resources Guideline on Civil Conduct, and the University’s Guideline for Employees on Concerns and Complaints Regarding Prohibited Discrimination and Discriminatory Harassment), as they exist from time to time, although they do not form part of the Collective Agreement, shall be considered, including by an arbitrator in any arbitration pursuant to this section. For clarity, the current Occupational Health and Safety Act defines “workplace harassment” as: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”. .” For clarity, it is possible for workplace harassment may to occur while on University of Toronto premises and in work-related activities or social events occurring off-off- campus. For further clarity, workplace harassment that occurs through electronic means is covered by this Article. The University will notify the Union when any substantive changes are made to the University’s Civility Guidelines and at the request of the Union will meet to discuss such changes. An employee may file a grievance alleging a course of conduct amounting to workplace harassment if, after the University has exhausted any applicable internal steps to respond to the situation, the employee is dissatisfied with the outcome or if, after 45 sixty (60) working days have elapsed from the date the written complaint was brought finalized, signed by the employee, and submitted to the attention of the University, identifying specifying the conduct alleged to constitute workplace harassment, the University has not provided the employee with a response to the complaint. Such grievance will be filed at Step step 3 of the grievance procedure. If not resolved at Step 3, the parties may agree to mediation or facilitation before an agreed upon mediator or facilitator before arbitration takes place. The mediation or facilitation will be confidential and without prejudice to the rights of either party. During any internal steps taken to resolve the situation, employees shall have the be informed in writing of their right to be accompanied by a Union Representative. Sexual Violence and Sexual Harassment.

Workplace Harassment. 4:03 The University will provide an environment where employees are not subjected to workplace harassment. Employees will not engage in workplace harassment. In assessing whether workplace harassment may have occurred, the definitions and standards set out in the Occupational Health and Safety Act and the University's Workplace Harassment Program (including the University’s Human Resources Guideline on Civil Conduct, and the University’s Guideline for Employees on Concerns and Complaints Regarding Prohibited Discrimination and Discriminatory Harassment), as they exist from time to time, although they do not form part of the Collective Agreement, shall be considered, including by an arbitrator in any arbitration pursuant to this section. For clarity, the current Occupational Health and Safety Act defines “workplace harassment” as: “engaging Engaging in a course of vexatious comment or conduct against a worker an employee in a workplace that because of sex, sexual orientation, gender identity, or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome”. For clarityor Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the employee and the person knows or ought reasonably to be known that the solicitation or advance is unwelcome. Here are some examples of workplace harassment may occur while on University of Toronto premises harassment. Harassment examples are not limited to this list: Sexual, personal, poisoned environment, bullying, inappropriate comments about dress/body or sexual content conversations, inappropriate staring or leering, unwelcome touching/contact, belittling comments, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, sabotaging another’s work; and in work-related activities offensive or intimidating phone calls, text messages or social events occurring offmedia posts. REPORTING WORKPLACE VIOLENCE The following procedures are to be followed where possible when reporting an incident of workplace violence. Confidentially should be maintained at all times. ● If no imminent danger exists, where possible, complaints should be submitted in writing and signed by the person making the complaint (if possible). All complaints can be made in person, through e-campusmail or by telephone to management. For clarity● There should be an accurate account of the incident(s), location of the incident, the outcome, times, dates, witnesses, relevant information and the parties involved. ● The incident will be investigated by management and may involve the services of an external company. ● Reporting employees will not be subjected to any reprisals, criticism, loss of privacy (where possible) or penalties. ● We will not disclose more personal information than is reasonably necessary to protect the employee from violence; however, confidentiality may be compromised in cases where it is perceived that imminent danger exists or in cases where it is required by law. REPORTING WORKPLACE HARASSMENT The following procedures are to be followed where possible when reporting an incident of workplace harassment that occurs through electronic means harassment. Confidentially should be maintained at all times. If a complaint is covered by this Articlebeing made about management, reports can be made to an external provider. Further information can be obtained from Human Resources. The University external provider will notify be available to conduct an investigation. ● Where possible initially, an employee who feels that another employee’s behavior is inappropriate, should immediately inform that employee and ask that the Union when any substantive changes are behavior not be repeated. If the behavior continues or the situation needs immediate assistance, complaints of harassment should be reported to management immediately. ● Complaints should be submitted in writing and signed by the person who is making the complaint (if possible). Complaints can also be made to in person or by telephone. ● The incident will be investigated by management who may use the University’s Civility Guidelines and at the request services of an external company. ● Reporting employees will be informed in writing of the Union will meet to discuss such changes. An employee may file a grievance alleging a course of conduct amounting to workplace harassment if, after the University has exhausted any applicable internal steps to respond to the situation, the employee is dissatisfied with the outcome or if, after 45 days have elapsed from the date the written complaint was brought to the attention results of the Universityinvestigation and of any corrective action. ● Reporting employees will not be subjected to any reprisals, identifying criticism, loss of privacy (where possible) or penalties. REPORTING DOMESTIC VIOLENCE We are committed to preventing domestic violence from becoming a part of our workplace and to provide support to any employee who may become a victim of domestic violence. Any employee who is either a victim of domestic violence or becomes aware of another employee who is being subjected to domestic violence must inform management by reporting the conduct alleged to constitute workplace harassmentviolence in person or in writing. HOW THE COMPANY WILL RESPOND TO COMPLAINTS Once a complaint has been received, we will immediately assess if emergency assistance is warranted and ensure the University victim is in a safe place while this is determined. ● If a criminal act has not provided the employee with a response to the complaint. Such grievance been committed, police will be filed at Step 3 called immediately. ● First aid will be provided or medical aid will be obtained for the injured employee as necessary. ● An investigation will be completed when and where applicable. ● Information will be collected and interviews conducted. ● The outcome of the grievance procedure. If not resolved at Step 3, investigation may result in discipline for the parties may agree to mediation or facilitation before an agreed upon mediator or facilitator before arbitration takes place. The mediation or facilitation will be confidential and without prejudice to the rights of either party. During any internal steps taken to resolve the situation, employees shall have the right to be accompanied by a Union Representative. Sexual Violence and Sexual Harassmentperpetrator.

Workplace Harassment. 4:03 The University will provide an environment where employees are not subjected to workplace harassment. Employees will not engage in workplace harassment. In assessing whether workplace harassment may have occurred, the definitions and standards set out in the Occupational Health and Safety Act Employer and the University's Workplace Harassment Program (including the University’s Union are committed to providing a harassment free workplace. The Ontario Human Resources Guideline on Civil Conduct, and the University’s Guideline for Employees on Concerns and Complaints Regarding Prohibited Discrimination and Discriminatory Harassment), Rights Code defines harassment as they exist from time to time, although they do not form part of the Collective Agreement, shall be considered, including by an arbitrator in any arbitration pursuant to this section. For clarity, the current Occupational Health and Safety Act defines “workplace harassment” as: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”. For clarityProhibited grounds for harassment in employment are listed in article Harassment may involve a threat, workplace harassment an implied threat or be perceived as a condition of employment. All employees are expected to treat each other with courtesy, dignity and respect and to discourage harassment. Properly discharged supervisory responsibilities, including the delegation of work assignments the assessment of discipline that does not undermine the dignity of the individual is in no way to be construed as harassment. If an employee believes they have been harassed and/or discriminated against on the basis of any prohibited ground of discrimination, there are specific actions that may occur while on University of Toronto premises and in work-related activities or social events occurring off-campus. For clarity, workplace harassment that occurs through electronic means is covered by this Articlebe undertaken. The University will notify employee should request the harasser to stop the unwanted behaviour by informing the harassing that the behaviour is unwanted and unwelcome. Should the employee not feel comfortable addressing the harasser directly, they may request assistance of the manager or a Union when any substantive changes are made representative. If the unwelcome behaviour was to continue, the employee should refer to the University’s Civility Guidelines corporate harassment policy, which addresses informal and at formal processes to deal with complaints. Employees are free to pursue all avenues, including the request of complaint investigation and resolution process in the Union will meet to discuss such changescorporate policy. An employee may file have the assistance of a grievance alleging a course representative of conduct amounting to the Union or any other trusted person in any step of the process. All employees will receive training in workplace harassment ifprevention and corporate policies to deal with harassment. The Union is encouraged to submit, after through the University has exhausted any applicable internal steps to respond Home Administrator, to the situationHuman Rights Specialist, suggestions for consideration in the employee is dissatisfied with the outcome or ifdevelopment of workplace harassment training, after 45 days have elapsed from the date the written complaint was brought to the attention of the University, identifying the conduct alleged to constitute workplace harassment, the University has not provided the employee with a response to the complaint. Such grievance will be filed at Step 3 of the grievance procedure. If not resolved at Step 3, the parties may agree to mediation or facilitation before an agreed upon mediator or facilitator before arbitration takes place. The mediation or facilitation will be confidential policies and without prejudice to the rights of either party. During any internal steps taken to resolve the situation, employees shall have the right to be accompanied by a Union Representative. Sexual Violence and Sexual Harassmentprocedures.

Workplace Harassment. 4:03 4:02 The University will provide an environment where employees members of the Bargaining Unit are not subjected to workplace harassment. Employees Bargaining unit employees will not engage in workplace harassment. In assessing whether workplace harassment may have occurred, the definitions and standards set out in the Occupational Health and Safety Act and the University's ’s Workplace Harassment Program (including the University’s Human Resources Guideline on Civil Conduct, and the University’s Guideline for Employees on Concerns and Complaints Regarding Prohibited Discrimination and Discriminatory Harassment), as they exist from time to time, although they do not form part of the Collective Agreementcollective agreement, shall be considered, including by an arbitrator in any arbitration pursuant to this section. For clarity, the current Occupational Health and Safety Act defines “workplace harassment” as: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”. .” For clarity, workplace harassment may occur while on University of Toronto premises and in work-related activities or social events occurring off-campus. For clarity, workplace harassment that occurs through electronic means is covered by this Article. The University will notify the Union when any substantive changes are made to the University’s Civility Guidelines and at the request of the Union will meet to discuss such changes. An employee may file a grievance alleging a course of conduct amounting to workplace harassment if, after the University has exhausted any applicable internal steps to respond to the situation, the employee is dissatisfied with the outcome or if, if after 45 sixty (60) working days have elapsed from the date the written complaint was brought finalized, signed by the employee, and submitted to the attention of the University, identifying specifying the conduct alleged to constitute workplace harassment, the University has not provided the employee with a response to the complaint. Such grievance will be filed at Step 3 of the grievance procedure. If not resolved at Step 3, the parties may agree to mediation or facilitation before an agreed upon mediator or facilitator before arbitration takes place. The mediation or facilitation will be confidential and without prejudice to the rights of either party. During any internal steps taken to resolve the situation, employees shall have the right to be accompanied by a Union Representativerepresentative. Sexual Violence and Sexual Harassment