HARASSMENT, BULLYING AND ALL THAT STUFF!

HARASSMENT, BULLYING AND ALL THAT STUFF! Presentation to: UNDE Council of Locals 13 – 14 Apr 2012 Debbie Graham, UNDE OPI H&S and VP NL/NB

WHAT IS A BULLY? • BULLY – A person who likes to hurt or intimidate those weaker than themselves. To coerce by threats, intimidate. To be quarrelsome and blustering. (Doubleday Dictionary (1975)

WHAT IS BULLYING? • BULLYING – Use superior strength or influence to intimidate (someone), typically to force them to do what one wants. (Google)

WHAT IS HARASS? • HARASS – To trouble or worry persistently. To worry (an enemy) by repeated raids and small attacks. To annoy, bother. (Doubleday Dictionary 1975)

WHAT IS HARASSMENT? Harassment- a feeling of intense annoyance caused by being tormented. The act of tormenting by continued persistent attacks and criticism. (Google)

BULLYING COMES IN THREE • Emotional • Verbal • Physical

HARASSMENT ON THE OTHER HAND … • General Harassment • Sexual Harassment • Psychological Harassment • Others – Legal, Police, Electronic, Racial, Religious

SO WHAT ABOUT WORKPLACE VIOLENCE? 1 in 6 Violent Incidents in Canada Occur in the Workplace 356,000 Workplace Violence Incidents Occur Each Year in Canada $7.6 Billion Estimate Annual Cost of Workplace Violence in Canada (Scott Crowley, Monday May 17, 2010 quoting Statistics Canada Report 2009)

HAVE NO FEAR –THE GOVERNMENT IS HERE! Workplace Violence and Bullying – • Canada Labour Code Part II – Section XX (overseen by HRSDC) • Collective Agreements – Health and Safety • Saskatchewan Occupational Health and Safety Reg 37 • DND Policy – Prevention of Workplace Violence (still in draft)

WITH THE EMPLOYER THERE TO HELP THEM! No Discrimination and Harassment – • Canadian Human Rights Act – No Discrimination • Collective Agreements – No Discrimination (includes Harassment and Union Affiliation) and Sexual Harassment • Treasury Board Policy – Is This Harassment • DND Policy – Harassment Prevention and Resolution • Saskatchewan Occupational Health and Safety Reg 36

GOOD NEWS! • CLC Part II Section XX – Workplace Violence • Investigation will be conducted by Competent Person • Access to HRSDC Labour Rep to ensure Code Followed • Measures to Assist Employees Provision -Section 20.8(5) • Saskatchewan Occupational Health and Safety Act Section 14(1) Regulations 36 and 37 • Employer obligated to develop and implement Policy Statement (Commitment and Procedures to Follow)??? • Canadian Human Rights – No Discrimination and Harassment • Last Resort

NOT SO GOOD NEWS! • Treasury Board • No Policy on Workplace Violence – Department’s Obligation • Lack of Recognition for Union Involvement in Harassment Investigations • Harassment Complaints Subject to Situational Assessments • Sacrifice Recourse Rights if Using Harassment Policy • DND • Right to Determine Competent Person for Workplace Violence Complaints • Lack of Recognition for Union Involvement in Harassment Investigations • Harassment Complaints Subject to Situational Assessments • Harassment Complaints Subject to Reviewing Officers Determination • Recourse Rights – Grieving the Decision

OKAY SO WHAT SHOULD WE DO? • Workplace Violence, Bullying, No Discrimination and Harassment • File a Grievance – No Discrimination or Harassment • File a Grievance – Health and Safety • File a CLC Complaint for Workplace Violence • Ensure CLC Section XX Followed for Investigations of Workplace Violence • Do Not Participate in Harassment Investigations

WHAT ABOUT PRIVATE SECTOR • Ensure Policies are Developed and Implemented for: • Section 36 – Harassment • Section 37 – Violence • Ensure Proper Redress or Recourse Procedures Included in Policies

HARASSMENT, BULLYING AND ALL THAT STUFF!