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Memorandum of Agreement Further to the collective Agreement, the parties agree to discuss further (i.e., post negotiations) the outstanding issues regarding the appropriate process for resolving discrimination and harassment complaints by or affecting NASA members. In addition, NASA and the University agree that it is in the best interest of all University employees to hold discussions on these matters with representatives of the Academic Staff Association of the University of Alberta (herein after called "AAS:UA"). Subsequent to the above discussions, NASA and the University agree to either formally develop a new process for effectively dealing with these issues or, alternatively, the parties will submit this Interim Procedure as a proposal for the next collective agreement negotiations. Both parties agree that during use of this interim procedure, the current Article 43 (Sexual Harassment) provisions are suspended. Both parties agree to the following interim procedure:
Interim Procedure - Article 38A Dispute Resolution Process Discrimination and Harassment Complaints 1. In matters alleging discrimination and harassment, the University of Alberta Policy on Discrimination and Harassment as at January 1998 (i.e., GFC Manual Section 44) will apply. 2. An employee who believes that s/he has a problem is in the first instance encouraged to inform the individual of the concern with the offending conduct and seek to work out a plan for the behavior to cease and to establish an effective working environment. The parties are encouraged to seek a facilitator to assist where possible. If no agreement is reached, or the behavior continues, or it is impractical for the parties to deal informally with the matter, the employee may make a complaint under the Policy on Discrimination and Harassment. 3. Failing satisfactory resolution through the Policy's guidelines (i.e., Informal Resolution Procedure - GFC Section 44.7), NASA may initiate a grievance at Step 2 [38.03(e)] of the Dispute Resolution Process. 4. A grievance received at Step 2 of the Dispute Resolution Process shall be dealt with confidentially, and information relating to the complaint including the identity of the parties involved, will be disclosed only to the extent necessary to properly investigate the complaint and to respond to legal and/or administrative proceedings. 5. The University agrees that any employee (either grievor or respondent, if a NASA member) has the right to representation by NASA. 6. The AVP (HRS) or designee having received the grievance shall investigate the matter or the AVP (HRS) may appoint an independent investigator to investigate the matter and report on his/her findings and conclusions. The AVP(HRS) shall attempt to ensure a timely, complete and fair investigation. NASA shall be entitled to a copy of the investigator's report. 7. The parties endeavour to ensure that no person shall intentionally compromise the integrity of the investigation process. 8. Where there is a grievance, the grievor may request of the AVP(HRS) that his/her employment duties be modified, as the nature of the particular circumstances dictate, in an attempt to eliminate contact with the respondent during the period of investigation. Such request shall not be unreasonably denied. 9. Prior to making any final determination in this matter (i.e., Step II grievance decision), the AVP(HRS), or designee, shall meet with the grievor and designated official of NASA to review the investigator's report. The Director, Employee Relations & Employment Services may be invited to participate in any such meetings. 10. Upon review of the investigation report and such other consideration as may be relevant, the AVP (HRS) may: (a) dismiss the complaint/grievance; 11. The AVP(HRS) or designee, shall make a written decision in this matter with copies to the grievor, NASA and any other affected party. 12. Failing satisfactory resolution of the grievance, NASA after full discussion with the employee, may as per 38.03(f) submit the grievance to Step 3 of the Dispute Resolution Process within ten (10) days of the receipt of the written response from the AVP(HRS), or designee. 13. Process and resolution of the grievance shall be as per Article 38 of the Collective Agreement. Both parties agree that the nature of these types of complaints/grievances may require additional time to fully investigate and review; therefore, both parties acknowledge that time limits within the Dispute Resolution Process may need to be extended. 14. The University agrees that no grievor or person who participates as a witnesses in the investigation and/or grievance shall suffer any reprisals by virtue only of their participation in the proceedings. However, NASA and the University also recognize the serious nature of unfounded allegations of discrimination and harassment and agree that disciplinary action may be required in those cases which the accusations are shown to be fraudulent and/or malicious. 15. If the AVP(HRS) makes a decision pursuant to 10(c) above, the AVP(HRS) shall send the recommendation to the Department Head and the Department Head shall take appropriate remedial action. 16. If the AVP(HRS) determines that there are sufficient grounds to recommend disciplinary action against a NASA member, the AVP(HRS) shall make such a recommendation to that respondent's respective Department Head and the Department Head shall undertake appropriate disciplinary action. 17. If the AVP(HRS) determines that there is sufficient grounds to initiate a complaint against an AAS:UA member, the AVP(HRS) shall submit a formal complaint under Article 16 of the AAS:UA Agreement. 18. Where applicable and/or necessary, counseling for affected persons in the particular workplace shall be provided. 19. NASA and the University agree that NASA members may choose to submit a complaint under Article 16 of the AAS:UA Agreement; however, an employee and/or NASA shall not concurrently submit the same complaint as a grievance or grievance as a complaint.
Signed this 22nd day of September, 1998 at Edmonton, Alberta
On behalf of the
Non-Academic Staff Association
Board of Governors of the University of Alberta
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