Canadian Labour Reporter

workplace violence as an issue to be addressed by the employer," Gray said. "But what about these union spaces? For myself, I be- came involved in union organiz- ing and, two weeks later, I was as- saulted." Silence is Violence is calling on the union to improve its policies, giving leaders at the local and na- tional levels the tools they need to address incidents in a survivor- centered way. In an open letter to CUPE's na- tional president Paul Moist, the group urged the union to stop placing responsibility solely on the employer, and to become ac- countable for the well-being of its members in union spaces. Silence is Violence is seeking support from CUPE locals across Canada to put forward a motion to amend the union's code of con- duct to include explicit reference to sexual violence. The group is also demand- ing the immediate suspension of staff and executive members who are facing allegations of sex- ual violence or harassment until a full investigation has been con- ducted, as well as an independent investigation of the union's past responses to sexual violence and harassment. "(The) systemic silencing of rape and harassment survivors within our union sends the mes- sage that involvement within their local carries with it the risk of vic- timization," the group said in the letter. Meeting fellow survivors and discussing issues of violence with- in the workplace and the union "really opened our eyes to just how pervasive it is within these union spaces," Gray said. "Domes- tic violence, sexual violence and gendered violence does impact the labour movement." CUPE initiates internal review In response to the group's allega- tions, Moist initiated a review of CUPE's internal policies as well as of the services provided to mem- bers and locals when dealing with internal sexual violence. "People can lose the right to hold union office if they violate the constitution, which includes prohibitive grounds including ha- rassment," he said. "Our constitution doesn't deal with sexual violence but I would argue it's an extreme form of sexual harassment… the issues raised by Silence is Violence are probably going to cause some resolutions to be submitted to our national convention. They've raised some important issues and they're causing us to look at some of our stuff internally." However, Moist said CUPE's procedures are not sufficient to deal with crimes or allegations of crime. If a crime is believed to be com- mitted — arising out of a mem- ber's employment or from his participation in the union — that incident must be reported to the proper policing authority. Perpe- trators of these crimes must face consequences through the justice system, said the union. However, best practices for both unions and employers often go beyond the minimum require- ment of the law, according to Tamar Witelson, legal director for METRAC (Metropolitan Action Committee on Violence Against Women and Children) Action on Violence. "They're two distinct process- es," she said of the criminal justice system and the policies and pro- cedures in place within a union or workplace. "Yes, there is the criminal jus- tice process and that has its own features, it own protections for the person who's been accused. And there are also, in fact, sup- ports for complainants of sexual violence once they make a com- plaint to the police… But even though that is proceeding accord- ing to its own system, that doesn't mean there isn't another environ- ment within which this woman continues to exist and work," she said. Employer's responsibility Whether or not the respondent in a complaint is found guilty of a criminal offence, the employer and union have a responsibility to ensure the complainant feels safe from further harassment in the form of continued sexual violence or retribution in her daily life in the union. In this specific case being ad- dressed by Silence is Violence, the complainant is a student at the university as well as an employee and a member of the union. Each of these institutions has a duty to ensure she is not subjected to ha- rassment or sexual violence, Wi- telson said. Both employers and trade unions are specifically referenced in the Ontario Human Rights Code as entities with a respon- sibility to respect anti-discrimi- nation principles regarding their employees or members. First, these institutions are re- quired to have a complaint pro- cess in place and to make that pro- cess known to members. Once the institution becomes aware of the complaint, the legal duty to perform a reasonable and appro- priate investigation is triggered. In addition to the Human Rights Code, employers are also required to implement a harass- ment policy under the Occupa- tional Health and Safety Act. These layers of responsibility can complicate matters, Witelson said, but employers and union leaders need to anticipate these complications and prepare for them. "Those kinds of things have to be understood by the organiza- tions that are investigating the complaint and providing some kind of response that is ade- quate… to the whole community, to see that this kind of behaviour will not be tolerated," she said. 7 Canadian HR Reporter, a Thomson Reuters business 2015 CANADIAN LABOUR REPORTER news < from pg. 1 CUPE initiates internal review following complaint CUPE national president Paul Moist initiated a review of the union's policies following Silence is Violence's call for changes, but said allegations of crime should be dealt with by the proper policing authority. Photo: Mark Blinch (Reuters)

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