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State of the Union
A Message From International President James C. Little

American companies that produce everything from televisions to cordless drills have been abandoning our shores for decades.
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Special Report: TWU Sexual Harassment Policy
Though this policy specifically refers to employees and staff of the Transport Workers Union of America, its basic principle and approach to the problem may provide guidelines for all TWU Locals and members.
 

TWU has a "zero tolerance" policy toward sexual harassment. It is the purpose of this policy to insure that sexual harassment does not exist anywhere on or at a TWU workplace. Our TWU definition of "sexual harassment" is a broad one designed to coincide with the broad definition adopted by the courts. It includes: unwanted sexual advances; threats of unfavorable treatment or promises of favorable treatment on the job that accompany any sexual advance; and remarks and behavior related to sex that create what an employee may justifiably view as a hostile work environment.
 

It is our purpose, where it may exist, to uproot and eliminate such behavior from TWU. Such behavior, when brought to our attention, will not be tolerated: we will take effective means to end it, up to and including discipline of the offending individual. Anyone who feels that he/she has been a victim of sexual harassment should direct a letter stating a complaint to the Secretary-Treasurer. Anyone desiring the complaint not to be seen by a secretary prior to reaching the Secretary-Treasurer should write "Staff-Confidential" on the outside envelope.
 

The Secretary-Treasurer will then investigate the complaint. In doing so, he may call upon the assistance of the General Counsel. The Secretary-Treasurer will put the results of his investigation into writing, setting forth the facts as he believes they occurred, along with his conclusion regarding whether this policy was violated, and his recommendation regarding what action should be taken. A copy of this report should be delivered to both the complaining employee and the employee accused of harassment.
 

If either party to the proceedings wishes to take issue with the report, they must do so by stating, in writing, to the Secretary-Treasurer, precisely what aspects of his report they wish to dispute. This written statement must be mailed to the Secretary-Treasurer no more than two weeks after receipt by the party in question of the report. If no such statement, or a request for an extension is sent to the Secretary-Treasurer, his report and recommendations shall be deemed final.
 

Should either party send in a statement, the Secretary-Treasurer may modify his report and recommendations; if he does he will again send his report to the parties, who will proceed as they did with the earlier report. If he does not, the statement is to be treated as an appeal and referred to the TWU Committee on Appeals. The Committee on Appeals may adopt the report and recommendations or modify them. In making their decision, they will have access to all the materials gathered by the Secretary-Treasurer. They may also appoint someone to further investigate the relevant facts. The report and recommendations adopted by the Committee on Appeals will constitute TWU's final position on the issues raised.
 

At any point in the above proceedings, TWU may take whatever interim action it deems appropriate to deal with the complaint. Any discipline, however, will only be deemed final after conclusion of the proceedings outlined above.
 

Anyone wishing to file a complaint who believes that the Secretary-Treasurer cannot handle the complaint without bias, should state this along with reasons for the belief, in the initial complaint. Such a complaint will be referred to the Administrative Committee to determine whether the Secretary-Treasurer should proceed as set forth above, or whether another TWU officer should be designated to perform the ordinary role of the Secretary-Treasurer.
 

At any point in the proceedings, the Secretary-Treasurer (or the officer acting in his stead), may attempt to bring the parties together to reach a mutually satisfactory resolution of the problem. Either party shall be entirely free to reject continuation of his reconciliation efforts.
 

Where either the complainant, or the employee complained of, is covered by a collective bargaining agreement, the procedures set forth above shall be altered so as not to deprive either party of rights existing under the collective bargaining agreement.

 


 


 


 

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