Does Zero Tolerance Policy Work in a Unionized Environment?

The respective essay is about an article on sexual harassment in the workplace named “Zero Tolerance- can it work in a unionized environment?” and actions that are deemed to be taken in favor of the victim. The paper focuses on the perils of the women workers and laborers in the arena of a male-dominated work environment where they get continuously harassed, physically, psychologically, and sexually, especially in the workplaces which require physical labor, such as in construction sites and mines. However, the paper also focuses on the ethical dilemmas the company managers and board of directors face when they are to confront conflicting laws.

The case which triggered the ethics and the policies of the respective Canadian organization was the sexual harassment (groping) of a female potash mine worker by a male worker who, when interrogated, gave a statement that it was a “casual gesture” and nothing personal was associated with it. However, the very statement of such a gruesome act being “casual” undermines the reputation of the woman and portrays her as an object of pleasure and a sex toy that can be played and touched whenever the perpetrator feels to do so.

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Such an act is strongly condemned throughout the world and is unethical and completely immoral as it severely hurts the respect, dignity, and integrity of the womenfolk.

The incidents of sexual harassment came into being after the womenfolk were slowly and gradually given a place in the outer professional world, in industries, educational institutions, factories, banks, and offices.

However, as more women were encouraged to join the workforce with men and stay there, more cases of sexual harassment along with more intolerance of sexual harassment were being observed throughout the world, though in certain third world countries, the condition of working women is obnoxious. Zero tolerance is a new word introduced by the corporate law that calls for immediate action for any kind of misconduct done by the employee or any professional working in the organization. This paper has analyzed how zero-tolerance policies work practically in a unionized environment. In the selected arbitration cases studied, unions do fight with employers when union members are disciplined for explicitly badgering colleagues, who are often also union members.

Through the paper, it has been come to be known that the associations such as Canadian Autoworkers, Canadian Union of Public Employees, Canadian Union of Postal Workers and United Steelworkers of America have strict rules against sexual violence or harassment.
The second case that was highlighted in the respective article was that the case of Bonnie Robichaud, who was a cleaner who reported sexual harassment by her supervisor. Such sexual harassment cases created a mass agitation throughout American society which led to different feminist movements as well as human rights movements and pressure groups. However, in order to be completely protected from such obnoxious and unwanted allegations, the employers employed the Zero tolerance policy in the workplace in order to filter out the nuisances who can be a threat to the organization in terms of sexual harassment and personal harassment, therefore, keeping themselves away from any kind of unwanted harassment and problems that might escalate to legal and ethical issues as well.

In the year 1999, there had been a report of another sexual violence that happened with a cabin cleaner who alleged that the supervisor had touched her inappropriately and tried to sexually exploit her inside the cabin. The woman also alleged that the supervisor sexually exploited the other cleaner women as well and whoever did not proceed with the sexual advances, those women were unfortunately fired by the supervisors. Such sexual exploitation had been unpardonable and the American human rights department had deemed it to be highly condemnable which had also been one of the reasons why the organizations opt for a zero-tolerance policy, especially in sexual violence. Therefore, it has to be understood that a zero-tolerance policy, no matter how harsh it may sound, needs to be implemented because the respect and dignity of women should be given the highest priority, and any act which outrages her modesty must be highly condemned because women are the half of the population of the society and have the right to provide their labor in the market as well.

Often, in cases of sexual harassment, the past history of the perpetrator is viewed. The Canadian labor law states that no employee can be terminated or thrown out of the organization if the employee does not have a history of repetitive breach of the law, or a repetition of the same mistakes again and again. In the mentioned case of the sexual harassment of the woman potash miner mentioned in the essay, the argument which the respective essay has shown is the ethical dilemma often the authority has to face when it plans to terminate an employee on the ground of sexual harassment. The employee, who was an old employee with no such sexual harassment records before but with records of misconduct and punctuality issues, were suspended under the policy of ZTP (Zero Tolerance Policy). The main argument which the essay makes is that Zero Tolerance Policy in an organization regarding sexual harassment is a quick and effective way of dealing with such offenses rather than depending on the cumbersome process of justice which is equally harmful for the organization and the victim.

The respective essay concludes by discussing sexual harassment in the workplace and actions that are deemed to be taken in favor of the victim. The paper focuses on the problems the women workers and laborers in male-dominated work ambiance face where they get continuously harassed, physically, psychologically, and sexually, especially in the workplaces which require physical labor, such as in construction sites, cleaning areas, housekeeping, and mines. The paper also provides a clear picture of the ethical dilemmas the company managers and board of directors face when they are to confront conflicting laws. The paper has also highlighted the zero-tolerance policy that has been taken by various American organizations in order to keep them safe and secured from the unwanted harassment of the company in terms of sexual harassment which might harm the reputation and goodwill of the company to a greater extent.

We have also seen collective bargaining legislation in many provinces commands unions to decently signify all of its individuals and members and that does not imply that the unions must convey each complaint forward to arbitration. In Canadian labor relations law, the main thing an arbitrator has lawful power is to select whether a culpable episode occurred and whether the punishment fit the wrongdoing. The arbitrator can adjust the punishment on the off chance that the person in question feels it is excessively cruel. But for it, she or he cannot do management’s work. The arbitrator is not supposed to intervene positively. However, in the NAPE case, the Labour Relations Board rebuked the union for forsaking a member who had also been discovered blameworthy in a court. This becomes visible that when it comes to the zero-tolerance policy, labor relations councils have in any event a worry of a double standard.

Reference

1. Haiven, Judy. "Zero Tolerance: Can It Work in a Unionized Environment?." Labour/Le Travail 58 (2006): 169-202.