Common use of Employees' Personnel Files Clause in Contracts

Employees' Personnel Files. 7.1 Employee’s personnel file shall be maintained in the Administrative Office. 7.1.1 All materials placed in the Employee’s file subsequent to the Employee’s employment shall be available for inspection provided the Human Resources Office receives at least three (3) working days’ written or email notice prior to the inspection. A representative of the Association or independent counsel may accompany the Employee if the Employee so advises the Human Resources Office in the notice. 7.1.2 Any material originating after employment in the District that is evaluative in nature shall be reviewed with the Employee prior to placement in Employee’s personnel file and a copy of such material shall be given to Employee. 7.1.3 Within twenty (20) Employee working days (excluding summer school) of the placement of evaluative material in an Employee’s personnel file, such Employee shall have the right to submit to the Human Resources Office an answer to such material in writing and such answer shall immediately be placed in the Employee’s personnel file. 7.2 In the event an Employee disciplinary hearing is held by the Board, a committee of the Board Members, or the Administration upon instruction by the Board, the Employee shall be given reasonable prior written notice of the nature of the charges. The Employee shall have the right at such hearing to be represented by the Association or independent counsel. 7.2.1 If a criminal charge is brought against an Employee and the charge is dismissed or the Employee is subsequently found not guilty, the Board shall thereafter delete from the Employee’s personnel file within five (5) working days any specific reference to the criminal charge and shall not rely on said criminal charge in any other proceeding. 7.2.2 In the event a disciplinary charge is brought against an Employee by any other person and the Employee is subsequently cleared of the charge in a disciplinary hearing, all reference to the charge will be removed from the Employee’s file within five (5) working days thereafter.

Employees' Personnel Files. 7.1 Employee(a) The employer agrees that the employee will be notified of any complaints, policy or rule violations within fifteen days of the Employer’s personnel file shall be maintained in the Administrative Office. 7.1.1 All materials placed in the Employee’s file subsequent knowledge or receipt. Any complaints which do not give rise to the Employee’s employment shall be available for inspection provided the Human Resources Office receives at least discipline within three (3) working days’ written months will be removed from the personnel file. Any policy or email notice rule violations, which do not give rise to discipline within six (6) months, will be removed from the file. (b) Accidents will not be considered for disciplinary action after the third anniversary of the accident. (c) Performance appraisals remain in the file. (d) Any record of discipline shall not be relied upon by the employer after twenty-four (24) months from the date of occurrence and shall be removed from the file. However, such records shall not be removed from the file until twenty-four (24) months have expired from the most recent record of discipline relating to the same or a similar offence. (e) Notwithstanding 8.01(a) and (d), the record of confirmed instances of work-related assault and sexual harassment that an employee has been disciplined for shall remain on an employee’s file for two (2) years. In addition, any criminal conviction which has an impact on the ability of the employee to carry out his duties shall remain on the file for two (2) years. (f) Notwithstanding the above, articles 8.01(d) and 8.01(e) will not apply to any discipline that was imposed prior to the inspection. A representative signing date of this collective agreement. 8.02 If an infraction, letter of criticism or discipline, or a review of performance is placed in the employee’s file, the employee will receive a copy of the Association or independent counsel may accompany the Employee if the Employee so advises the Human Resources Office in the noticedocument. 7.1.2 Any material originating after employment 8.03 Within thirty (30) calendar days of receiving a copy of the documents referred to in articles 8.01 and 8.02, the District that is evaluative employee may respond, in nature shall writing, and the response will become part of the employee’s personnel file. 8.04 Compliments and letters of commendation will be reviewed with placed on the Employee prior to placement in Employeeemployee’s personnel file and a copy of such material shall will be given provided to Employeethe employee. 7.1.3 Within twenty (20) Employee working days (excluding summer school) 8.05 An employee has the right, upon reasonable notice and during business hours, to see their own personnel file and to respond in writing, to contents of the placement file for which they have not previously had the opportunity to respond. 8.06 If an employee suffers the suspension of evaluative material in an Employee’s personnel filea license which is required to perform his/her regular position, such Employee shall have then he/she must immediately inform the right Employer. 8.07 The Union agrees to submit make every effort to cooperate with the Human Resources Office an answer Employer to such material in writing and such answer shall immediately be placed in keep the Employeeneed for disciplining employees to a minimum. 8.08 Should the Employer conduct a performance review, it will become part of the employee’s personnel file. 7.2 In 8.09 For the event purpose of this Article, an Employee disciplinary hearing is held by the Board, a committee of the Board Members, or the Administration upon instruction by the Board, the Employee shall be given reasonable prior written notice of the nature of the charges. The Employee shall have the right at such hearing to be represented by the Association or independent counsel. 7.2.1 If a criminal charge is brought against an Employee and the charge is dismissed or the Employee is subsequently found not guilty, the Board shall thereafter delete from the Employeeemployee’s personnel file within five (5) working days any specific reference is understood to the criminal charge and shall be all files such as attendance, accidents, discipline, performance, etc, but does not rely on said criminal charge in any other proceedinginclude payroll files. 7.2.2 In the event a disciplinary charge is brought against an Employee by any other person and the Employee is subsequently cleared of the charge in a disciplinary hearing, all reference to the charge will be removed from the Employee’s file within five (5) working days thereafter.

Employees' Personnel Files. 7.1 Employee’s personnel file shall be maintained in the Administrative Office. 7.1.1 All materials placed in the Employee’s file subsequent to the Employee’s employment shall be available for inspection provided the Human Resources Office receives at least three (3) working days’ written or email notice prior to the inspection. A representative of the Association or independent counsel may accompany the Employee if the Employee so advises the Human Resources Office in the notice. 7.1.2 Any material originating after employment in the District that which is evaluative in nature shall be reviewed with the Employee prior to placement in Employee’s personnel file and a copy of such material shall be given to Employee. 7.1.3 Within twenty (20) Employee working days (excluding summer school) of the placement of evaluative material in an Employee’s personnel file, such Employee shall have the right to submit to the Human Resources Office an answer to such material in writing and such answer shall immediately be placed in the Employee’s personnel file. 7.2 In the event an Employee disciplinary hearing is held by the Board, a committee of the Board Members, or the Administration upon instruction by the Board, the Employee shall be given reasonable prior written notice of the nature of the charges. The Employee shall have the right at such hearing to be represented by the Association or independent counsel. 7.2.1 If a criminal charge is brought against an Employee and the charge is dismissed or the Employee is subsequently found not guilty, the Board shall thereafter delete from the Employee’s personnel file within five (5) working days any specific reference to the criminal charge and shall not rely on said criminal charge in any other proceeding. 7.2.2 In the event a disciplinary charge is brought against an Employee by any other person and the Employee is subsequently cleared of the charge in a disciplinary hearing, all reference to the charge will be removed from the Employee’s file within five (5) working days thereafter.