- All members and staff of the Union will treat each other with dignity, equality, and respect in our endeavours, while encouraging full participation in Union activities including discussion and debate.
- Every staff person and Union member is entitled to an environment that is free of harassment. The Union is committed to providing a respectful and harassment free environment within our office and at all Union meetings and events. The Union will afford members and staff the right to express a difference of opinion but, expression of their viewpoint must be done in such a manner as NOT to undermine the dignity, integrity or self-esteem of another individual. The Union will not tolerate nor condone behaviour which has this result or which may create an intimidating or offensive environment.
- Any verbal or written attack on another member or staff person that creates a hostile, intimidating or offensive environment will not be tolerated. Any member who experiences such a hostile attack is encouraged to act immediately. If possible, they should make it clear that the behaviour will not be tolerated. This should be conveyed verbally or in writing and should clearly communicate that further action will be taken if the behaviour continues. If the situation is not resolved or if the offensive behaviour continues, a complaint may be referred by the member or staff person to a member of the Union s Executive or the Executive Director, in writing, for investigation.
- After an investigation and a fair hearing conducted by the Board, any member or local who shall be found guilty of conduct detrimental to the advancement of or reflecting discredit upon objectives of the Union shall be subject to reprimand, fine, suspension or expulsion (PEINU By-Law 17.01). The disciplinary decision of the Board can be appealed by any member or local to a neutral third party, mutually agreed upon, whose decision is final and binding. (PEINU By-Law 17.02)
- a) Every reasonable effort will be made to maintain confidentiality of the parties involved in the complaint.
b) The time-lines set out in this policy are meant to be used as guidelines to ensure the process is carried out expeditiously, but may be modified considering schedules of the people involved in the process and the reasonable ability to meet these time-lines. - Within 24 hours of receipt of a complaint under this policy, all of the Executive members and/or the Executive Director shall be advised that a complaint has been received. The Executive Director will contact the member(s) involved in the complaint, read the complaint to the other party and offer mediation. If all parties agree, a mediation meeting will be arranged with the member(s)/staff involved, the Executive Director and one member of the Executive who has agreed to help facilitate the mediation. The mediation will be held at the Provincial Office within 10 business days of the parties indicating agreement to participate.
- If the mediation is successful in resolving the issue between the parties to their satisfaction, then a document summarizing the results will be created by the Executive Director or Executive member. The document will be signed by the parties to the mediation and put in a lockable filing cabinet used to store confidential documents at the Union office. Each party to the mediation will also be provided a copy for their records.
- If the parties do not agree to mediation or if mediation is unsuccessful, then a formal investigation process shall commence. The Board shall be advised by e-mail within 24 hours that a complaint has been received under this policy that is proceeding to a formal investigation.
- If a complaint against a Board Member is received, an external neutral unbiased investigator will be hired to complete an investigation. The cost for these services shall be billed to the Defence Fund.
- For an internally run investigation, the Executive Director and an Executive Member shall meet with the person initiating the complaint first and then the person accused of the offending behavior, in order to gather as much information as possible. These meetings will occur at the Union office as soon as reasonably possible considering the schedules of all participants. The accused will be offered the option of providing a response in writing within five (5) business days of this meeting. If provided, the response shall be read by the Executive Director to the member who has initiated the complaint. This person has the option of responding by email within 24 hours with any further information to the Executive Director and the Executive Member.
- The Executive Director will create a written summary of the investigation findings and shall report same to the full Executive Committee within 5 business days.
- The Executive will make a determination on whether the accused’s behaviour constitutes inappropriate behaviour described in the policy and what, if any discipline or corrective action should occur. The decision shall be put in writing and then delivered verbally and in person to all parties by the Executive Director and Executive Member within thirty (30) days or as soon as reasonably possible considering everyone’s schedules.
- Either party can appeal the finding of the Executive to the Board as per Article 17.01 of the constitution. The request for reconsideration by the Board shall be put in writing and provided to the Executive Director within 5 business days. The Board shall be called to a meeting with not less than 48 hours notice. All parties are permitted to attend the meeting of the Board and to make a verbal presentation regarding the findings of the Executive. The Board shall provide a written decision, to be delivered by courier to all parties within 10 business days. The Board s decision shall be final and binding.
- For an externally run investigation, the investigator shall have 30 days after accepting the appointment to conclude meetings with the parties as per #10 above and provide a written report to the Board.The investigator shall present the report with findings and recommendations in person to the Board. The parties shall be provided the opportunity to make further representations to the Board and to answer questions the Board may have. The Board will make a decision on whether the identified behaviour is inappropriate as described in the policy and what, if any discipline or corrective action should occur. The Board s decision shall be put in writing and shall be couriered to the parties within 10 business days. The Board s decision shall be final and binding.