Formal Conflict Resolution Process. If the matter remains unresolved or the Union or Company has opted to bring the matter to Stage 2, the Complainant will file the complaint in writing with both the Company’s Representative and the Union’s Human Rights Coordinator. The complaint must be signed and contain sufficient detail. The Company’s Representative will consult with Union’s Human Rights Coordinator while establishing the admissibility of the Complaint. When an investigation is required, the Union and the Company will each select an individual who will act as an investigator or will communicate the names of their designate. Alternatively, the Union and the Company may jointly select an external investigator with all costs shared equally. The Union and Company designates will conduct a joint investigation to obtain and report the facts. At the beginning of the investigation the complainant’s identity and the general nature of the complaint will be communicated to the respondent. The respondent will be given an appropriate amount of information regarding the complaint in order to make a detailed response. At any time during the formal investigation process the Company can take measures to separate the employees in the workplace, if deemed necessary. 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. Hearsay evidence, third party information and opinions must not be included in the report(s). The report(s) will include the facts of alleged harassment and will provide findings of the harassment complaint. A recommendation to resolve the complaint will be made by the Company investigator. The Union investigator may choose whether or not to submit recommendations. The report(s) will be submitted to Labour Relations and the President of the Local Union within 14 days of the filing of the complaint. The Company and Union will each keep a copy of their report(s) in a confidential file for a period of three (3) years from the date of the complaint, at which time the summary will be removed from the Company and Union’s conflict resolution file and applicable personnel record, provided that no subsequent conflict resolution process pursuant to this ▇▇▇ is conducted with respect to the employee. Within ten (10) days of receiving the investigation report the Company will issue a final decision to resolve the complaint which summarizes the findings of the investigation and indicates whether harassment has been or has not been substantiated. This decision will be communicated in writing to the complainant, the respondent, the Union’s Human Rights Coordinator, Labour Relations and the President of the Local Union. REVIEW PROCESS Where the complainant and/or respondent is not satisfied with the Company decision, a letter requesting a review of the decision will be sent to Labour Relations within fourteen (14) days of receipt of the decision. The letter will contain sufficient information to detail the reasons why the employee is requesting a review. Labour Relations and the President of the Local will jointly review the decision. Where the Union is not satisfied with the outcome of the joint review, the discipline imposed by the Company, or the measures that are implemented in the workplace as a result of the harassment complaint, the Union can file a grievance and refer the matter to expedited arbitration with a single arbitrator who shall be selected by mutual agreement between the Company and the Union. The arbitrator will be selected within fourteen (14) days of the receipt of the decision and will render a decision on the matter within two (2) months following the conclusion of the hearing. Despite other language in this Collective Agreement regarding the imposition of discipline and the filing of a grievance, the appeal of discipline, excluding discharge, arising from harassment complaints that are initiated under this ▇▇▇ and thus subject to a joint investigation process, will be resolved through this review process. Accordingly, this review process is not available in cases of harassment which fall beyond the current scope of this joint investigation process (harassment complaints involving members from other unions or management). In cases of Discriminatory 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. TIME LINES Time lines in the Formal conflict resolution process may be adjusted with the mutual consent of the President of the Local Union and Labour Relations. LETTER OF UNDERSTANDING #03 – ARTICLE 2.03 The Union recognizes the competitive nature of the industry. It is the employer’s intent to sufficiently staff their operations. It understood that contracting out work normally done by unionized employees may become necessary when there are insufficient regular employees available. This contracting out will not be used to replace regular employees or avoid overtime. Lastly, it is understood that some work is more desirable and contractors will not be specifically targeted for preferable assignments. LETTER OF UNDERSTANDING #04 – GROUP HEALTH PLAN (CHANGES) Upon ratification, current active employees enrolled in a Group Health plan with the Company will not be subject to any reductions of current plan benefit(s) (as of date of ratification), should the Company make any changes to the provider and/or core plan for the life of the Collective Agreement. LETTER OF UNDERSTANDING #05 – SOCIAL JUSTICE FUND & PAID EDUCATION LEAVE SOCIAL JUSTICE FUND The Company agrees to pay into a special fund, five hundred dollars ($500.00), per year, in each year of this Agreement, for the Union's Social Justice Fund. Payments will be made on a yearly basis, within thirty (30) days of the anniversary date of this Agreement. Such contributions shall be sent by the Company to following address; UNIFOR Social Justice Fund ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Cheques shall be made payable to the UNIFOR Social Justice Fund.
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Sources: Collective Agreement, Collective Agreement