DON’T WORRY, BE HAPPY

(Is the cure worse than the disease?)

Here are a few tidbits from the employer’s happy workplace policy—one of BUFA’s most serious concerns in this round of negotiations

Note that the issue at hand in the current round of negotiations is the employer’s refusal to incorporate into the BUFA Collective Agreement certain guaranteed protections from the abusive use of this policy against academic members. The employer wants the article that previously dealt with harassment issues removed from the Collective Agreement in its entirety.

Note that such “policies” may be modified, revised, extended, or altered whenever and in whatever way the employer sees fit – that is, without consultation or negotiation with affected parties: BUFA, to take a non-trivial instance.

Note too: BUFA shared numerous concerns with the Board of Governors when this “policy” was under development, concerns that were apparently not taken seriously or were more simply ignored.

Final note: A useful and accessible “Q & A” brief dealing with these concerns can be found at http://www.bufa.org/qas/qa-05.htm

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For the complete text of this “Respectful Environment Policy,” see http://www.brandonu.ca/admin/policies/Respectful%20Environment%20Policy.pdf

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“Human Rights Harassment”: any objectionable conduct, comment or display by a person that is directed at an employee, student, guest, or volunteer; and that is made on the basis of … (list of 11 areas, including political belief, etc)…

Examples include, but are not limited to [“but not limited to” is a recurrent phrase in this document]… the ensuing list includes mention of “pictures,” “inappropriate questions” … etc

“Personal Harassment”: includes but is not limited to: objectionable and unwelcome comment or action directed toward a specific person or group of persons which serve no legitimate work or academic related purpose and have the effect of creating an intimidating, humiliating, hostile or offensive environment. Includes “comments addressed to a person that have the effect of undermining a person’s role in the workplace or classroom.” Includes “unconstructive, intentional, and offensive comments…”

Examples may include, but are not limited to: incidents of yelling, screaming, or name-calling… comments addressed to a person that have the effect of undermining a person’s role in the workplace or classroom.

Examples of what “is not harassment” include: day-to-day management or supervisory decisions involving work assignments, job assessment and evaluation, workplace inspections, implementation of appropriate dress codes, and disciplinary action [This would be the administrators’ exemption clause??]

Brandon University will establish mechanisms to give effect to this policy, including: the appointment of two Conflict Resolution Advisors (CRA) [BY WHOM, WITH WHAT QUALIFICATIONS?] whose duties shall include, but not be limited to, the investigation of informal complaints and the provision of advice and assistance to Administrative officers, employees, workers, students, guests and volunteers in connection with concerns and complaints; the appointment of an investigator [BY WHOM, WITH WHAT QUALIFICATIONS?] whose duties shall include the investigation of formal complaints and the provision of advice and assistance to Administrative officers, the CRA, employees, workers, students, guests and volunteers in connection with formal complaints;

PROCEDURES:

The President, on behalf of the University, shall designate two CRA, who, for matters relating to this function, shall report directly to the President. They also make recommendations to the President on cases requiring formal resolution [Let’s see: so the president appoints whomever s/he wants, which appointee(s) answer(s) only to the president, who has the final decision as to what shall be done, and (see below) the president can even initiate these procedures where no complaint has been brought forward? Gee, d’ya think that might be injust and subject to abuse…?]

Complaint Process Relating to Human Rights Discrimination, Human Rights Harassment or Personal Harassment

Anyone wishing to lodge a complaint of human rights discrimination, human rights harassment or personal harassment under this Policy involving a member of the University community shall contact an Administrative Officer and/or a CRA. The Administrative Officer must keep a written record of the date, time and nature of any incident that is brought to his/her attention, along with the names of the complainant, the respondent, any witnesses and the steps taken to deal with the situation. This information will be provided to the CRA to assist with the review and resolution of the case and so that data can be included in the annual report.

Either the CRA or the complainant may decide whether to proceed with the complaint.

Within five working days of receiving a copy of the written complaint, the respondent shall provide the CRA with a written response to the complaint, a copy of which shall be made available to the complainant.

If one or both of the parties, or the CRA, are unwilling to proceed with mediation, the matter will be referred to the formal resolution process.

In cases where the respondent has supervisory or academic authority over the complainant, the CRA may request of the appropriate administrative officer to make special arrangements relating to the complainant, such as, but not limited to, assigning a third party to teach classes, mark papers or exams, and/or oversee supervision and evaluation of the complainant’s work

If no further complaint against the respondent is received within four (4) years of the date of resolution, the file shall be destroyed. In the event of repeated infringement by the respondent within four (4) years, the CRA shall provide the President with a written report of previous cases involving the respondent, containing only information on date, the general nature of the offence and resolution, with a recommendation that formal disciplinary proceedings be initiated

The CRA may also recommend to the President that formal proceedings be initiated, bypassing the informal/mediation process, in the case of a respondent who is alleged to have committed repeated infringements of this Policy, or who is alleged to have committed an offence that, in the judgment of the Administrative Officer or CRA, is not amenable to informal resolution.

The President may also, in consultation with the Administrative Officer and/or CRA request that an investigation be conducted in the absence of a formal complaint and in circumstances where he/she deems it appropriate to do so. [READ THAT AGAIN, CAREFULLY!]

“This does not mean that either party is entitled to see or receive copies of the complete statements, except as required by law. Both are entitled, however, to see or receive an adequate summary of the evidence to make a full answer and defense [WHOSE VERSION OF “ADEQUACY” SHALL PREVAIL? Gee, we wonder…]

The final determination of any disciplinary or other measures to be taken, for all respondents, whether student or employee, will be made by the President [who, note, may have initiated the complaint?]

Disciplinary or other action may include, but is not limited to [again, this phrase!], a requirement to participate in counseling, a letter of reprimand, suspension, or dismissal in the case of an employee or expulsion in the case of a student

OH, MY: ARE YOU HAPPY YET?

The Beatings Will Continue until Morale Improves