CX Unit – ART. 21: Nondiscrimination in Employment

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ARTICLE 21
NONDISCRIMINATION IN EMPLOYMENT

A. GENERAL PROVISIONS

1. Within the limits imposed by law or University policy, the University shall not discriminate against or harass any CX – Unit employee on the basis of race, color, religion, marital status, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, pregnancy, physical or mental disability, medical condition (cancer – related or genetic characteristics), age, citizenship, political affiliation, union activity or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1997 (USERRA)), which includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

2. Neither the University nor Teamsters Local 2010 shall discriminate in the application of the provisions of this Agreement based on Union or non – Union affiliation.

3. If the Union appeals a grievance to arbitration which contains allegations of a violation of this article which are not made in conjunction with the provision of another article that is arbitrable, the Union’s notice must include an Acknowledgement and Waiver Form signed by the affected CX – Unit employee. The Acknowledgement and Waiver Form will reflect that the CX – Unit employee has elected to pursue arbitration as the exclusive dispute mechanism for such claim and that the CX – Unit employee understands the procedural and substantive differences between arbitration and the other remedial forum or forums in which the dispute might have been resolved, including the differences in the scope of remedies available in arbitration as compared to other forums. The timeline to appeal to Arbitration set forth in Article 3 – Arbitration Procedure, will be extended by 30 days for said grievances in order for the employee to make an informed choice.

B. SEXUAL HARASSMENT

1. Sexual Harassment includes Sexual Violence as defined in the University of California Policy on Sexual Harassment and Sexual Violence (SHSV) effective 1/1/2016. Nothing in this Article is intended to conflict with University Policy on Sexual Harassment/Sexual Violence.

2. Nothing in this Article is intended to alter Article 5 – Corrective Action, Discipline, and Dismissal.

3. Resolution Procedure

See Section F.1.e in Article 7 – Grievance Procedure.