As accepted at the National Executive Committee meeting of March 3rd 2012.
The following process will be applied to all complaints against officers or staff of the CMG concerning alleged violations of Canadian Media Guild policies. Any disciplinary action arising out of a complaint against a member of the CMGEU will be handled consistent with the terms and conditions of the CMGEU/CMG Collective Agreement.
The Canadian Media Guild seeks to constructively resolve conflict within the organization. There is an expectation that there be a genuine effort to resolve the complaint through informal good faith discussions between conflicting parties which will result in resolution. If they wish, the member may seek assistance from any officer of the union.
If the parties are unable to resolve the issue, a member may file a formal complaint if he/she believes a CMG policy is being violated. The complaint must be provided using the CMG Complaint Form found in the policies area of the CMG website (cmg.ca) It must include details of any incident(s), name(s) of the alleged offender, witnesses if any and any other relevant information.
The member should file the complaint with the National President as soon as possible after the alleged violation(s). Upon receipt of a written formal complaint, the President will immediately acknowledge receipt of the complaint to the complainant.
If the issue relates to the National President, the member should discuss the matter with the appropriate Branch President who should take the matter to the CMG Vice-President.
The President, or Vice-President if that be the case, will appoint an independent investigator to meet with the complainant and the person(s) complained of as soon as possible but no later than ten (10) days after receiving the complaint.
The investigator will begin the investigation by having discreet and confidential discussions with the complainant, the person complained of, and the appropriate management personnel in line of authority over both parties. The investigator may identify and interview other persons who might have relevant information. The investigator may access any relevant documents and records, which may provide information helpful to the investigation.
The investigator is empowered to make one of three possible determinations, namely:
Whether improper conduct, as defined in the policy, occurred;
Whether improper conduct did not occur; or
That improper conduct did not occur and a malicious complaint was filed.
It is expected that the investigator will complete the assignment, including the preparation of the report and recommendations within twenty (20) business days.
The President or Vice President is empowered to seek assistance and to work with the parties to the complaint to affect a mediated resolution, if the complainant and person(s) complained of are agreeable to mediation. If the complaint is resolved through mediation the file will be closed.
In cases where improper conduct is found to have occurred, the investigator will make recommendations for remedial action to the President, or the Vice-President, whichever is the case.
Recommendations will be directed to the National Executive Committee. Remedial action could include training or counseling for either or both of the parties, various forms of apology or the full range of disciplinary actions anticipated under the constitution and bylaws of the union. Where remedial action is recommended, it will be implemented within fifteen (15) business days of the receipt of the investigators report.
In cases where a malicious complaint was filed, the investigator will make recommendations for remedial action to the President, or the Vice-President whichever is the case. Remedial action could include various forms of apology or the full range of disciplinary actions anticipated under the constitution and bylaws of the union.
No employee/member risks reprisals as a result of filing a complaint in good faith, or being a party to the investigation of a complaint.