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Basic Agreement
Letter 23: Discriminatory Harassment

Item 23 - Discriminatory Harassment



The following policy with respect to discriminatory harassment is endorsed by both parties:

"ArcelorMittal Hamilton East and the United Steelworkers believe that the human rights of all employees must be protected, so as to ensure that every person is treated with dignity and respect.

No individual should suffer from or be exposed to harassment at work, based upon that person's race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, handicap, age, record of criminal offences, family, marital or employment status. Harassªment is a course of conduct or comment that offends or abuses a person on any of the grounds stated above, where such behaviour is known or ought to reasonably be known to be offensive and unwelcome.

Sexual harassment is a particularly objectionable type of discriminatory course of conduct or comment which cannot be tolerated, as it represents an unwarranted intrusion upon a person's sexual dignity as a man or woman. Sexual harassment may take a variety of forms such as unsolicited or unwelcome gender based comments, gestures and physical contact, or the control or alteration of working conditions so as to coerce submission to sexual advances.

In order to ensure the consistent application of this policy, it is both the right and the responsibility of any employee who believes that he or she has been subjected to harassment as defined above to immediately report such concerns to the designated representative. The Company will advise the designated Union representative of such allegation. All allegations will be fully investigated in a confidential manner. The complainant will be advised of the results of the investigation.

Any employee who, as a result of a full investigation is determined to be in violation of this policy may be subject to disciplinary action, up to and including discharge from employment."

Investigation and Resolution Procedure

  1. The Company and the Union recognize the desirability of maintaining a working environment which is free from sexual and/or racial harassment.

  2. For the purpose of this item, "Sexual harassment", includes:

    1. Unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is unwanted; or

    2. Implied or expressed promise of reward for complying with a sexually oriented request; or

    3. Implied or expressed threat or reprisal, in the form of either actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request.

  3. For the purpose of this item, "Racial Harassment", includes:

    Engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct which disrespects or causes humiliation to an employee because of his or her race, colour, creed, ancestry, place of origin or ethnic origin.

  4. An employee who claims a violation of the Policy may within thirty (30) days of the infraction, submit a written complaint to either the Company or Union designated Harassment Investigation Officer. These two (2) individuals, who will form the Harassment Investigation Committee, upon the receipt of the written appeal, will meet and review the facts surrounding the allegation. The Committee may then attempt to resolve the allegation by suggesting a course of action to the complainant, the alleged harasser, or an appropriate Company official. In the event that the allegation is not resolved on the basis of this recommendation, the Committee will prepare and issue a report of findings and recommendations. This report will be forwarded, in confidence, and upon written approval from the complainant, to Step 4 of the grievance process.

  5. It is understood and agreed that all discussions and information related to a harassment complaint shall be held in the strictest confidence. The parties agree that neither member of the Harassment Investigation Committee can be a compellable witness at any arbitration. Further, it is understood that documents, reports, discussions, or information arising out of this investigation procedure cannot be introduced as evidence at arbitration or introduced during the course of any other legislative procedure.

  6. It is understood that nothing herein shall preclude an employee from pursuing a complaint through applicable legislative procedures. Nor shall this procedure in any way be construed to limit the Company from exercising its right to suspend or discharge employees for just cause.




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