CEP Local 79m

Policy 903 - CEP Anti-Harassment, Bullying and Union

Environment Violence Policy

STATEMENT OF PRINCIPLES

The Communications, Energy and Paperworkers Union of Canada (CEP) believes that

every individual has the right to dignity and respect both within the union and in the

workplace. The responsibility of creating and preserving a safe and harassment-free

environment is a collective one assumed by all CEP members. CEP shall endeavour to

provide leadership in setting standards of behaviour, which reflect our commitment to

equality.

CEP will not tolerate any form of harassment, bullying or violence within the union

environment, whether it be at the local, regional or national level. Such actions may

result in sanctions being taken against a member pursuant to the Anti-Harassment,

Bullying and Union Environment Procedures for CEP members.

APPLICATION OF THE POLICY

This Policy applies to members of the CEP for complaints of harassment that take place

within the union environment.

This policy does not apply to any workplace harassment complaints involving members

as they will be dealt with through the grievance procedure and/or the applicable

workplace harassment policy. Similarly, harassment complaints involving CEP

employees must be dealt with under CEP Anti-Harassment, Bullying, and Union

Environment Violence Employee Policy.

This Policy does not apply directly to third parties. Third parties are individuals in the

union environment who are not CEP members or employees (i.e. relatives or

acquaintances of members). However, it should be noted that where a third party

engages in harassing, bullying or violent behaviour in the union environment, CEP may

take steps against the third party, up to and including requiring that individual to leave a

CEP event or banning that individual from future CEP events.

This Policy is not intended to discourage or prevent a member from exercising her or his

rights under any applicable Human Rights legislation, and/or any other legal rights

pursuant to any other law.

Policy 903 – CEP Anti-harassment, bullying and Union Environment Violence Policy and Procedures

National Executive Board, June 2009/il-cope 343

DEFINITIONS

Union Environment – For the purposes of this policy, union environment means any

CEP event and/or any event in which a member is participating on behalf of CEP

including but not limited to conventions, meetings, seminars, councils, courses and

conferences whether it be at the local, regional or national level.

Harassment – Harassment is an expression of perceived power and superiority by the

harasser(s) over another person or group, usually for reasons of sex, race, ethnicity,

age, sexual orientation, gender identity, disability, family or marital status, social or

economic class, political or religious affiliation, conviction for an offence for which a

pardon has been received, activism and participation in the union, or language.

Harassment is unwelcome, unwanted, and uninvited; it may be expressed verbally or

physically; it is usually coercive, and it can occur as a single incident or on a repeated

basis. It comprises actions, attitudes, language or gestures, which the harasser knows

or reasonably ought to know are abusive, unwelcome, or wrong. It may include but is

not limited to:

􀂃 Unwelcome remarks, jokes, innuendoes, taunts, or other discriminatory

communication in any media;

􀂃 Insulting or malicious gestures or practical jokes which cause someone

embarrassment or discomfort;

􀂃 Ridiculing, degrading or expressing hatred or intolerance, whether verbally, in

writing or physically;

􀂃 Display of offensive or pornographic material/pictures, graffiti, or other materials

􀂃 Placing unreasonable limitations on someone because of a perceived need (e.g.,

disability, pregnancy, etc);

􀂃 Leering (sexually suggestive staring);

􀂃 Demands for sexual favours; or

􀂃 Unnecessary physical contact such as touching, patting, or pinching.

Bullying and personal harassment – Bullying and personal harassment are defined

as deliberate actions, offensive, malicious and/or cruel behaviour with the aim to

humiliate, intimidate, undermine, or destroy the character or confidence of an individual

or group of individuals. Bullying and personal harassment may include an abuse of

power by one person or group over another that degrades an individual. Bullying

behaviour is often persistent and part of a pattern, but it can also occur as a single

incident. It is usually carried out by an individual, who ought reasonably to have known

that her/his actions are unwelcome or unwanted. It can also be an aspect of group

behaviour.

Policy 903 – CEP Anti-harassment, bullying and Union Environment Violence Policy and Procedures

National Executive Board, June 2009/il-cope 343

Some examples of bullying and personal harassment include but are not limited to:

Verbal communication

􀂃 Abusive and offensive language;

􀂃 Insults;

􀂃 Teasing; or

􀂃 Spreading rumour and innuendo

Psychological manipulation

􀂃 Unfair blame for mistakes;

􀂃 Deliberate exclusion;

􀂃 Practical jokes;

􀂃 Belittling or disregarding opinions or suggestions; or

􀂃 Public criticism

Context is important in understanding bullying, particularly verbal communication. There

is a difference between friendly insults exchanged by long-time work colleagues and

comments that are meant to be, or are taken as demeaning.

Union environment violence – For the purposes of this policy, violence is defined as

any physical assault or threat of physical assault occurring in the union environment.

Examples of union environment violence include, but are not limited to:

􀂃 Striking, punching, slapping, or assaulting another person;

􀂃 Fighting or challenging another person to fight;

􀂃 Grabbing, pinching, or touching another person in an unwanted way, whether

sexually or otherwise;

􀂃 Engaging in dangerous, threatening or unwanted horseplay;

􀂃 Possession of firearms, explosives, or other weapons that are intended by their

design to inflict fatal injury;

􀂃 Threatening harm or harming another person, or any other action or conduct that

implies the threat of bodily harm;

􀂃 Stalking (i.e., the repeated following, calling or harassing of another person

combined with making of a verbal, written or implied threat of harm); or

􀂃 Any other act that would arouse fear in a reasonable person in the circumstance.

Board Meeting

June 9, 2009

Policy 903 – CEP Anti-harassment, bullying and Union Environment Violence Policy and Procedures

National Executive Board, June 2009/il-cope 343

CEP Anti- Harassment, Bullying and Union Environment Violence

Procedures for CEP Members

1. GENERAL PROVISIONS

(a) The following procedures apply to any incidents of harassment, bullying and

union environment violence that occur within the union environment, as defined

in CEP’s Anti-Harassment, Bullying and Union Environment Policy for Members.

(b) The CEP will not disclose a Complainant’s or Respondent’s name, or any

circumstances related to a complaint, to anyone, except as necessary to

investigate a complaint or take disciplinary/corrective action related to the

complaint, or as required by law. CEP members, staff, officers and independent

investigators or mediators (if any) involved in a complaint are reminded to keep

all information confidential, except in the above circumstances.

2. INFORMAL/EARLY RESOLUTION STAGE

(a) Where a Complainant believes that they have been subjected to harassment,

bullying or union environment violence, they are encouraged to clearly and firmly

make known to the alleged harasser that the behaviour is objectionable and must

stop. CEP recognizes, however, that in certain instances such action may not be

appropriate or advisable.

(b) The Complainant may ask a member of a CEP local executive or another trusted

union member for their assistance in resolving the situation informally.

CEP shall also have designated Ombudspeople to respond to incidents of

harassment. Ombudspeople are responsible for attempting to resolve complaints

at the Informal/Early Resolution Stage, but do not have any formal

responsibilities beyond that stage.

(d) CEP local union sponsored events include meetings, conferences, social events,

etc. The local shall also have designated Ombudspeople to respond to incidents

of harassment. Ombudspeople are responsible for attempting to resolve

complaints at the Informal/Early Resolution Stage, but do not have any formal

responsibilities beyond that stage.

(e) For national CEP events (refer to section c), the National President shall appoint

the Ombudspeople. Ombudspeople may include a National Staff Representative.

In appointing Ombudspeople, the size of the event, along with gender and

language shall be taken into consideration.

Policy 903 – CEP Anti-harassment, bullying and Union Environment Violence Policy and Procedures

National Executive Board, June 2009/il-cope 343

(f) For regional CEP events (refer to section c), the Regional Vice-President or the

Executive Vice-President shall appoint the Ombudspeople. Ombudspeople may

include a National Staff Representative. In appointing Ombudspeople, the size of

the event, along with gender and language shall be taken into consideration.

(g) For CEP local events (refer to section d), the Local union president shall appoint

the Ombudspeople. In appointing Ombudspeople, the size of the event, along

with gender and language shall be taken into consideration.

(h) Ombudspeople shall investigate the alleged incident and attempt to resolve the

issue informally and quickly.

(i) Possible resolutions at this stage include, but are not limited to, apologies,

reprimands and possible expulsions from the event at which the incident/s

occurred (including the expulsion of third parties). Where the safety of any

individual is compromised or a criminal act is alleged to have occurred, the

appropriate authorities shall also be contacted.

(j) Complaints shall be dealt with at the event or as soon as possible thereafter.

(k) If the incident is successfully resolved at this stage, the Ombudsperson shall

advise the appropriate Regional Vice-President or the Executive Vice-President

or the National President or the local President of the incident and no further

action shall be required.

3 FORMAL COMPLAINT STAGE

(a) Where a complaint cannot be resolved informally, the Complainant may file a

formal complaint in writing to the appropriate Disciplinary Committee, depending

on whether the alleged incident occurred at the regional or national level.

(b) Each Regional Vice-President shall appoint a three-person Regional Disciplinary

Committee (RDC) to respond to formal complaints at the regional level that arise

under CEP’s Anti-Harassment, Bullying and Union Environment Violence Policy

for Members. The members of the RDC shall serve three-year terms and shall

receive appropriate training with respect to the handling of harassment

complaints. The Regional Vice-President will appoint one member of the RDC to

be the Chair.

Committee (NDC) to respond to formal complaints at the national level that arise

under CEP’s Anti-Harassment, Bullying and Union Environment Violence Policy

for Members. The members of the NDC shall serve three-year terms and shall

receive appropriate training with respect to the handling of harassment

Policy 903 – CEP Anti-harassment, bullying and Union Environment Violence Policy and Procedures

National Executive Board, June 2009/il-cope 343

complaints. The National President will appoint one member of the NDC to be

the Chair.

(d) The complaint must clearly state the facts giving rise to the complaint and refer to

the appropriate section of CEP’s Anti-Harassment, Bullying and Union

Environment Violence Policy for Members, which is alleged to have been

violated. The complaint must be filed within 30 days when the alleged incident(s)

occurred. (See attached Complainant’s Form).

(e) The complaint shall be submitted under “Confidential Seal” to the Chair of the

Disciplinary Committee, c/o the appropriate regional or national office as the case

may be.

(f) The Disciplinary Committee shall examine the complaint as soon as it is

submitted to it, and shall determine any preliminary or jurisdictional matter,

including but not limited to the timeliness of the complaint, the admissibility of the

complaint in the circumstances, and whether or not the complaint is frivolous or

vexatious. The Disciplinary Committee has the discretion to extend the time

period for filing complaints where it deems it appropriate.

(g) Where the Disciplinary Committee determines that the complaint is not

admissible on preliminary or jurisdictional grounds, it shall inform the

Complainant of this decision in writing. The Complainant may appeal a decision

with respect to the admissibility of a complaint to the National Appeals

Committee, following the process set out in section 7 below.

(h) Where the Disciplinary Committed determines that the complaint is admissible,

the Chair shall provide a copy of the complaint to the Respondent. The Chair will

also inform the Respondent of the process and applicable timeframes.

(i) The Respondent shall have 15 days from the date on which they receive a copy

of the complaint to respond to the Disciplinary Committee in writing to the

allegations in the complaint. (See attached Respondent’s Form).

(j) The Disciplinary Committee shall provide a copy of the response to the

Complainant.

4. MEDIATION STAGE

(a) Where appropriate, the Disciplinary Committee may determine that a complaint

may be best dealt with through mediation between the parties. Mediation should

be voluntary on the part of both parties.

Policy 903 – CEP Anti-harassment, bullying and Union Environment Violence Policy and Procedures

National Executive Board, June 2009/il-cope 343

(b) In such a situation, the Disciplinary Committee shall ask the appropriate Regional

Vice-President or National President to appoint a neutral mediator. The mediator

may be internal or external, depending on the circumstances.

with a mediator, who shall work with both parties to resolve the situation. Ideally,

the mediation should be held in-person. However, mediation may also be held

via videoconference or conference call, if the circumstances are such that an inperson

meeting is not possible or practical.

(d) Mediation shall be held within 30 days from the date when the Disciplinary

Committee receives the Respondent’s response. The Disciplinary Committee has

the discretion to extend this time frame, where it deems it appropriate.

(e) If the mediation proves to be unsuccessful, the complaint shall be redirected

back to the investigation stage.

5. INVESTIGATION STAGE

(a) Where mediation is not appropriate or it proceeds but is unsuccessful, the

Disciplinary Committee shall ask the appropriate Regional Vice-President or

National President to appoint an investigator. The investigator may be internal or

external, depending upon the circumstances.

(b) The investigator shall investigate the alleged incident(s) and interview the

Complainant, the Respondent, and any relevant witnesses for both the

Respondent and the Complainant.

report of his or her findings to the Respondent and the Complainant.

(d) Both the Respondent and the Complainant shall be given the opportunity to reply

in writing to the investigator’s draft report. Their replies shall be provided to the

investigator within 15 days from the date on which they received a copy of the

draft report.

(e) After having taken into consideration any written reply, the investigator shall

produce a final written report within 15 days from receiving the Complainant’s

and Respondent’s replies to the draft report. The final report shall include a

statement of his or her findings and may include recommendations for discipline

where appropriate.

(f) The final report shall be submitted to the Disciplinary Committee. Copies of the

final report shall also be provided to the Complainant and the Respondent.

Policy 903 – CEP Anti-harassment, bullying and Union Environment Violence Policy and Procedures

National Executive Board, June 2009/il-cope 343

(g) Possible discipline includes a reprimand, a fine, removal from a

committee/activity, suspension from membership, expulsion or any other just and

equitable disciplinary measure.

(h) The Disciplinary Committee has the discretion to extend any of the timeframes

under this stage, where it deems it appropriate.

6. DECISION-MAKING STAGE

(a) The Disciplinary Committee shall review the investigator’s final report and make

a formal decision as to whether the investigator’s findings should be accepted

and whether any discipline should be imposed.

(b) The final decision of the Disciplinary Committee shall be in writing and shall

include a summary of the Committee’s findings and a statement of discipline

imposed, if any.

both the Complainant and the Respondent. A copy shall also be provided to the

appropriate Regional Vice-President or National President.

(d) The Disciplinary Committee’s final decision shall be made within 30 days from

the date that the investigator’s final report is received. The Disciplinary

Committee has the discretion to extend this timeframe, where it deems it

appropriate.

7. APPEAL STAGE

(a) An appeal lies from a final decision of the Regional or National Disciplinary

Committee to the National Appeals Committee.

(b) The appeal shall be initiated through written notice filed within 30 days of the final

decision of the Disciplinary Committee being rendered.

out in article 17.05 of the CEP Constitution, with any necessary changes being

made.

(d) There shall be no oral hearing before the National Appeals Committee and its

decision shall be final and without appeal.