2.01

There shall be no discrimination or harassment by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or, disability as defined in section 10(1) of the Ontario Human Rights Code.

For the purposes of this Article, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

2.02

The parties are committed to a workplace free from workplace harassment including bullying, by other employees, supervisors, managers, any other person working or providing services to the Employer in the workplace, clients or the public, in accordance with the law. Workplace harassment is engaging in a course of vexatious comment or conduct against an employee in the workplace that is known or ought reasonably to be known to be unwelcome.

2.03

The Association and the Employer jointly recognize and affirm the right of employees to work in an environment that is respectful and free from harassment.

2.04

All complaints regarding workplace harassment or discrimination shall be eligible to be processed as grievances under this Collective Agreement.

2.05

Grievances under Article 2.04 shall be limited solely to instances which occur at the workplace involving the Employer’s employees. Grievances shall not include alleged discrimination or harassment by a member of the public or individual not employed by the Employer, unless the Employer was reasonably aware that such harassment/discrimination was occurring in the workplace.

2.06

Following the filing of a workplace harassment/discrimination grievance, the Employer, where practical, will consult with and seek the consent of the Association and grievor prior to any decision, if any, to remove the grievor from the work location of the alleged harasser.

2.07

Where the alleged harasser is the person who would usually deal with any steps in the grievance procedure, the grievance shall be heard by an alternative designee.

2.08

The normal exercise of managerial rights including the day-to-day assignment of tasks, attendance management, training, performance management or discipline does not constitute harassment, provided that 9 the employer does not exercise those rights in an oppressive or tyrannical manner.

1.01

The Employer recognizes the Association as the exclusive bargaining agent with respect to matters pursuant to the Public Service of Ontario Act, 2006 and Ontario Provincial Police Collective Bargaining Act, 2006 or matters arising under this Collective Agreement for all civilian employees who are under the supervision of the Commissioner of the Ontario Provincial Police, including but not limited to employees at the OPP Headquarters and OPP Academy, or the Chief Firearms Officer for Ontario and Instructors at the Ontario Police College.

It is agreed that there will be no intimidation, discrimination, or coercion exercised or practiced by either of the parties to this Collective Agreement or their representatives because employees are, or are not, members of the Association, or because such employees exercise a right under this Collective Agreement.

1.01.01

It is the exclusive function of the Employer to manage, which function, without limiting the generality of the foregoing, includes the right to determine employment, appointment, complement, organization, work methods and procedures, kinds and location of equipment, discipline and termination of employment, assignment, classification, merit system, training and development, appraisal and the principles and standards governing promotion, demotion, transfer, lay-off and reappointment.

The exercise of management rights shall neither be exercised in a discriminatory manner pursuant to Article 2.01 nor be inconsistent with the provisions of the Collective Agreement, and the applicable provisions of the Ontario Provincial Police Collective Bargaining Act, 2006 the Public Service of Ontario Act, 2006 and the Management Board of Cabinet and Public Service Commission Directives and Guidelines.

1.02

The term “employees” whenever herein used shall mean only those employees within the bargaining unit as described above.

1.03

The term “Association” whenever herein used shall mean the Ontario Provincial Police Association.

1.04

The term “Commissioner” whenever herein used shall mean Commissioner of the Ontario Provincial Police or designee.

1.05

Wherever applicable in this Collective Agreement, the singular shall include the plural.

1.06

Wherever the feminine pronoun is used in this Collective Agreement, it includes the masculine pronoun and vice versa, where the context so requires.

1.07

The term “OPP” whenever herein used shall mean the Ontario Provincial Police.

1.08

The term “Deputy Minister” whenever herein used shall mean the Deputy Minister, Community Safety, or designee.

1.09

The term “Assistant Deputy Minister” whenever herein used shall mean the Assistant Deputy Minister, Public Safety Division, or designee.

1.10

The term “Ministry” whenever herein used shall mean the OPP, Ontario Police College and the Chief Firearms Office within the Ministry of Community Safety and Correctional Services.

1.11

The term “CTB” whenever herein used shall mean the compensating time bank.

1.12

The term “RPT” herein used shall mean a Regular Part-Time employee appointed to the Regular service.

1.13

The term “regular employee” herein used shall mean a public servant appointed under section 32 of the Public Service of Ontario Act, 2006 other than for a fixed term.

1.14

The term “regular service” herein used shall mean the part of the public service composed of regular employees.

1.15

The term “fixed-term employee” herein used shall mean a public servant appointed under Part III of the Public Service of Ontario Act, 2006 for a fixed-term.

1.16

The term “fixed-term service” herein used shall mean the part of the public service composed of fixed-term employees.