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HUMAN RIGHTS - USW Local 7619 | Teck Highland Valley Copper Mine

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HUMAN RIGHTS COMMITTEE

Your Local Union established a Human Rights, Harassment and Bullying Committee to better support our members during any harassment, bullying, or Human Rights categories violation, as per our Collective Bargaining Agreement. If you are interested in being a part of this committee, please contact the Union President or the Union Hall at 250-828-2860 for more information on how to be a part of this committee.

To View The Most Recent Human Rights Committee list, CLICK HERE

HUMAN RIGHTS POLICY – ADDENDUM “A”. HUMAN RIGHTS POLICY

ADDENDUM “A”

HUMAN RIGHTS POLICY

The Company and the Union agree that this Human Rights Policy deals with and applies only to allegations that an employee has been subject to discrimination (which includes personal and sexual harassment) because of a protected category(s) of the Human Rights Code. The parties undertake to educate their principals as to the correct interpretation and application of this policy.

I. Moser             R. Boyce

Human Rights Policy

PREAMBLE:

The objective of the Human Rights Policy is to ensure that all employees of Highland Valley Copper are assured of a work environment that is free of all forms of discrimination, including personal and sexual harassment. By introduction of this policy, it is the intention of Highland Valley Copper to ensure proper work place behavior and that the treatment of individuals is fair and equitable and in full compliance with all applicable Human Rights Legislation as well as Section 14 of the Mines Act and Article 1.01(c) of the Collective Bargaining Agreement.

The Human Rights Code of the Province of British Columbia protects individuals from acts of discrimination with respect to employment, or any term or condition of employment because of a person’s race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, or age of that person or because that person has been convicted of a criminal or summary conviction offense that is unrelated to the employment or the intended employment of that person.
Definitions:
Discrimination:

Discrimination is to treat a person differently because of that person’s race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, or age, or because of a criminal or summary conviction that is unrelated to the employment or intended employment.

Harassment:

Harassment is a form of discrimination and therefore a violation of the Human Rights Code. Harassment may be direct or indirect. When Harassment is indirect, it results in a work environment that is considered to be “Poisoned”. The work environment may be poisoned by crude language, sexist or racist remarks, unwelcome jokes and cartoons, nude or semi-nude pictures, displaying of racist or bigoted pictures or materials or other unwelcome conduct that creates an uncomfortable or hostile work environment for one or more employees.

Personal Harassment:

Personal Harassment, means any conduct that is unwelcome or that ought reasonably to be known to be unwelcome and includes, but is not limited to, vexatious comments or conduct, jokes, insults, threats, cartoons, innuendo, or refusal to talk or work with a person for reason(s) that relate to any protected category of the Human Rights Code.

Sexual Harassment:

Sexual Harassment has been defined by the Supreme Court of Canada as any conduct of a sexual nature that is known or ought to be known to be unwelcome. Examples of sexual harassment include, but are not limited to, unwelcome sexual advances, request for sexual favours, unwelcome remarks of a sexual nature, jokes about a person’s body or sexual orientation, taunting, repeated unwelcome requests for dates, touching or brushing against, hugging, kissing, patting, grabbing, pinching, and displaying sexually oriented printed material or pictures.
RESPONSIBILITIES:

General:

It is the responsibility of all employees to comply fully with the Human Rights Policy. Any employee who wishes clarification of this policy, or is seeking an informal discussion regarding a possible allegation, is encouraged to approach their immediate Supervisor, Human Resources, or a member of the Union Civil Rights Committee. All such inquiries will be held strictly in confidence.

Managers and Supervisors:

It is the responsibility of every Manager and Supervisor to monitor and ensure that the work environment is free from all forms of discrimination, including personal and sexual harassment: and to conduct appropriate investigations promptly and confidentially. Managers and Supervisors will carry out corrective actions in accordance with policy guidelines.

Human Resources:

Human Resources will be the policy administrator. In this role Human Resources, with the assistance of the Union Civil Rights Committee, will ensure that the Human Rights Policy is distributed and explained to all existing and new employees, as well as contractors and suppliers. Human Resources will track all allegations pertaining to violations of the Human Rights Code and will advise Managers and Supervisors in the investigation and in determining the appropriate administrative and/or disciplinary response.

PROCEDURE:

Any employee who may feel they are being subjected to personal or sexual harassment shall:

  1. Make their objection clearly known to the offender by indicating either verbally or in writing that they are offended by the behavior and that it must stop.If fearful of reprisal, or if the offended employee has been threatened with reprisals, the employee does not have to confront the harasser, but can take the concerns directly to their Supervisor, Department Manager, Human Resources or a Union Civil Rights Committee Representative.
  2. Prepare and maintain a written record of the dates, approximate times, nature of the unwelcome behavior and witnesses, if any.
  3. Record the incident(s) in writing and file the allegation with their immediate Supervisor, Department Manager, Human Resources, or Union Civil Rights Committee Representative.

Any employee who observes a fellow employee being subjected to harassment can:

  1. Offer support to the victim.
  2. Offer to be a witness on behalf of the victim.
  3. Tell the harasser that their conduct is inappropriate and a violation of the Human Rights Policy.

If the unwelcome conduct continues, discuss your observations with the harasser’s Supervisor, Department Manager, Human Resources or Union Civil Rights Committee Representative.

All allegations of a violation of the Human Rights Code must be reported to Human Resources. As the administrator of the policy, Human Resources is charged with tracking all Human Rights Violations.

Remember that harassment is a violation of the law and is a serious matter. Implementation of this policy does not prohibit employees from reporting incident(s) to the Provincial Human Rights Tribunal.

INVESTIGATION PROCEDURE:

Upon receiving an allegation, the following steps will be taken:

  1. Assure the complainant that an objective examination of the allegation will be undertaken immediately.
  2. Advise the person alleged to be responsible that an allegation of harassment has been lodged.
  3. Interview the complainant and the person(s) alleged to be responsible as soon as possible.
  4. Interview any witnesses.
  5. Document clearly and completely all findings.
  6. Render a decision as soon as possible and advise the parties of any action to be taken.
  7. Ensure that all information concerning the case is kept confidential.
  8. Complainants and respondents shall be provided with representation during all investigative interviews or at any other time during the proceedings. For Bargaining Unit members the above shall be interpreted to mean Union representation.

CORRECTIVE ACTION:

A substantiated Human Rights violation will be considered as a serious incident.

  1. Personal or Sexual Harassment, involving physical assault, warrants immediate suspension without pay during the investigation period, and if found to be culpable, may be grounds for dismissal.
  2. Where the Company deems appropriate, any or all of the following measures may be taken:
  • A written apology.
  • Mandatory counseling.
  • Written warning.
  • Final written warning.
  • Permanent or temporary transfer.

If a complaint is unfounded, any income or benefits lost, as a result of suspension, will be reinstated.

Where an allegation is found to be malicious, the accuser will be subject to disciplinary action.

APPEAL:

Any decision regarding a violation of the Human Rights Policy may be appealed to the Manager, Human Resources or his designate. If, in the opinion of the Manager, the allegation should be further pursued, he will appoint an internal or an external investigator. The above procedure does not preclude an employee from filing a formal complaint with the Human Rights Tribunal.

NO REPRISALS:

There shall be no reprisals as a result of pursuing a complaint under this policy.

Where a Bargaining Unit employee receives disciplinary action or is dismissed as a result of findings in accordance with this policy, such action shall be subject to the grievance procedure in accordance with the Collective Bargaining Agreement.

POLICY REVIEW:

The Human Rights Policy will be periodically reviewed and updated in order that it may continue to meet the requirements of the work place and Human Rights legislation within the province.