Human Resources File. 18.01 If an Employee has been subjected to disciplinary action, after twenty-four (24) months of continuous service from the date that the disciplinary action was invoked, the Employee’s Human Resource file shall be considered to be purged of any record of the disciplinary action providing: (a) the Employee's file does not contain any further related record of disciplinary action during that twenty-four (24) month period; and (b) the disciplinary action is not the subject of, or related to, an unresolved grievance. 18.02 The Employee shall be provided with a copy of all documents that pertain to disciplinary action or performance of the Employee at the time they are placed on his Human Resource file. 18.03 No documents shall be introduced from the Employee’s Human Resource file as evidence in any grievance proceeding unless the Employee has received a copy in accordance with Clause 19.03 of this Agreement. 18.04 Access to an Employee's Human Resource File shall be provided to the Employee or his authorized representative, upon request once in every year and in the event of a grievance or complaint. He may request a representative of the Union to be present at the time of such examination. 18.05 The Human Resource file referred to in this Article is the personal file of an Employee maintained by the Employer. Except as provided hereinafter this file shall contain copies of all documentation pertaining to the Employee. The parties mutually agree that no information pertaining to the interview records, reference checks, or confidential information related to a diagnosis or prognosis concerning either Employee eligibility for Long Term Disability Insurance, WCB information or an assessment of an Employee pursuant to the Employee Assistance Program shall be contained in this file. 18.06 When an Employee has grieved a disciplinary action and a Designated Officer has either allowed the grievance or reduced the penalty levied against the grievor, the Employee’s Human Resource file shall be amended to reflect this action provided that this action results in the abandonment of the grievance. Where the grievor appeals the disciplinary action to Arbitration, the award of that tribunal shall be final and binding upon the Employer and the Employee, and the Employee’s Human Resource file shall be amended to reflect that award.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Human Resources File. 18.01 20.01 If an Employee has been subjected to disciplinary action, after twenty-four (24) months of continuous service from the date that the disciplinary action was invoked, the Employee’s Human Resource file shall be considered to be purged of any record of the disciplinary action providing:
(a) the Employee's file does not contain any further related record of disciplinary action during that twenty-four (24) month period; and
(b) the disciplinary action is not the subject of, or related to, an unresolved grievance.
18.02 20.02 The Employee shall be provided with a copy of all documents that pertain to disciplinary action or performance of the Employee at the time they are placed on his their Human Resource file.
18.03 20.03 No documents shall be introduced from the Employee’s Human Resource file as evidence in any grievance proceeding unless the Employee has received a copy in accordance with Clause 19.03 21.03 of this Agreement.
18.04 20.04 Access to an their Employee's Human Resource File shall be provided to the Employee or his their authorized representative, upon request once in every year and in the event of a grievance or complaint. He The Employee may request a representative of the Union to be present at the time of such examination.
18.05 20.05 The Human Resource file referred to in this Article is the personal file of an Employee maintained by the Employer. Except as provided hereinafter this file shall contain copies of all documentation pertaining to the Employee. The parties mutually agree that no information pertaining to the interview records, reference checks, or confidential information related to a diagnosis or prognosis concerning either Employee eligibility for Long Term Disability Insurance, WCB information or an assessment of an Employee pursuant to the Employee Assistance Program shall be contained in this file.
18.06 20.06 When an Employee has grieved a disciplinary action and a Designated Officer has either allowed the grievance or reduced the penalty levied against the grievor, the Employee’s Human Resource file shall be amended to reflect this action provided that this action results in the abandonment of the grievance. Where the grievor appeals the disciplinary action to Arbitration, the award of that tribunal shall be final and binding upon the Employer and the Employee, and the Employee’s Human Resource file shall be amended to reflect that award.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Human Resources File. 18.01 If an Employee has been subjected 42.01 An employee shall have access during normal business hours, or such other time as may be arranged, to disciplinary action, after the Human Resources file that relates to the employee. Such access shall be granted with twenty-four (24) months hours' advance notice and in the presence of continuous service from the date that GM/CAO or their designate.
42.02 An employee shall receive a copy of any documentation placed in his/her Human Resources file which may raise an issue of concern with respect to performance or be detrimental to the disciplinary action was invoked, employee.
42.03 An employee shall have the Employee’s right to respond in writing to any document contained in or to be placed in the employee's Human Resource Resources file. The written response by the employee shall become part of the employee's Human Resources file.
42.04 An employee shall have the right to place any relevant documents in the employee's Human Resources file which has been omitted.
42.05 Information in an employee's Human Resources file shall be considered treated as confidential. Access to be purged and disclosure of any record personal information on an employee shall be governed by the provisions of the disciplinary action providing:
(a) the Employee's file does not contain any further related record Municipal Freedom of disciplinary action during that twenty-four (24) month period; and
(b) the disciplinary action is not the subject of, or related to, an unresolved grievanceInformation and Protection of Privacy Act.
18.02 The Employee shall 42.06 Where the Employer is required to furnish information on an employee to an outside agency by a court order or legislative requirement, the employee will be provided with a copy of all documents immediately notified that pertain to disciplinary action this information has been requested and has been or performance of the Employee at the time they are placed on his Human Resource filewill be provided.
18.03 No documents 42.07 Where an employee authorizes, in writing, access to the employee's Human Resources file by another person acting on the employee's behalf, the Employer shall be introduced from the Employee’s Human Resource file as evidence in any grievance proceeding unless the Employee has received a copy provide such access, in accordance with Clause 19.03 of this AgreementArticle 42.01.
18.04 Access 42.08 Upon the employee’s request, the employer will remove any documents as per OSTA Policy H19 (Discipline, Suspension and Dismissal) leading to an Employee's Human Resource File shall be or including discipline after three (3) years (excluding leaves) provided to the Employee or his authorized representative, upon request once in every year and there has been no related disciplinary action in the event of a grievance or complaintinterim. He may request a representative of the Union to be present at the time of such examination.
18.05 The Human Resource file referred to in this Article is the personal file of an Employee maintained by the Employer. Except as provided hereinafter this file shall contain copies of all documentation pertaining to the Employee. The parties mutually agree that no information pertaining to the interview recordsHowever, reference checks, or confidential information documents related to a diagnosis discipline in cases of harassment or prognosis concerning either Employee eligibility for Long Term Disability Insurance, WCB information abuse (including sexual or an assessment physical misconduct of an Employee pursuant to the Employee Assistance Program any kind) shall not be contained in this fileremoved.
18.06 When an Employee has grieved a disciplinary action and a Designated Officer has either allowed the grievance or reduced the penalty levied against the grievor, the Employee’s Human Resource file shall be amended to reflect this action provided that this action results in the abandonment of the grievance. Where the grievor appeals the disciplinary action to Arbitration, the award of that tribunal shall be final and binding upon the Employer and the Employee, and the Employee’s Human Resource file shall be amended to reflect that award.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Human Resources File. 18.01 If 15.1 An Employee shall have access during normal business hours to their human resources file. The Employee may copy any material contained in these files. Request to view files must be arranged in advance.
15.2 Where an Employee has been subjected authorizes in writing access to disciplinary action, after twenty-four (24) months of continuous service from the date that the disciplinary action was invoked, their personal file by another person acting on the Employee’s Human Resource file behalf, the Employer shall be considered provide such access, as well as copies of material contained therein, if also authorized and requested.
15.3 The Employer agrees to be purged of any record adhere to the provisions of the disciplinary action providing:
(a) the Employee's file does not contain any further related record of disciplinary action during that twenty-four (24) month period; and
(b) the disciplinary action is not the subject of, or related to, an unresolved grievancePersonal Information Protection and Electronic Documents Act.
18.02 15.4 The Employee shall be provided with a copy of all documents that pertain to disciplinary action or performance of the Employee at the time they are placed on his Human Resource file.
18.03 No documents shall be introduced from the Employee’s Human Resource file as evidence in any grievance proceeding unless the Employee has received a copy in accordance with Clause 19.03 of this Agreement.
18.04 Access to an Employee's Human Resource File shall be provided to the Employee or his authorized representative, upon request once in every year and in the event of a grievance or complaint. He may request a representative of the Union to be present at the time of such examination.
18.05 The Human Resource file referred to in this Article is the personal only recognized human resource file of an Employee shall be the one maintained by the Employer. Except as provided hereinafter this file Employer and shall contain copies of all documentation pertaining to the Employee. The parties mutually agree that no information pertaining to the interview records, reference checks, or confidential information related to a diagnosis or prognosis concerning either Employee eligibility for Long Term Disability Insurance, WCB information or an assessment of an Employee pursuant be available and open to the Employee Assistance Program for inspection, in the presence of an Employer representative, at any reasonable time during the regular working hours of the department.
15.5 Notwithstanding paragraph 15.2, the Employer will provide personal information about an Employee to an authorized Bargaining Unit representative in circumstances involving the administration, interpretation, or application of this Collective Agreement.
15.6 Employees shall receive copies of any materials placed in their human resources file pertaining to issues such as performance, conduct, competence or discipline.
15.7 With the exception of discipline related to conduct which puts at risk the safety and well-being of students, documents contained in an Employee’s personnel file which are of a disciplinary or negative nature, including evaluation reports which the Employee considers damning, shall be removed from the file and returned to the Employee no later than two (2) years (730 days) after their date of issue as long as there is no reoccurrence within that two (2) years: and no continuing reference to the documents removed shall remain in the file. Documents related to discipline in cases of harassment or abuse (including sexual or physical misconduct of any kind) shall not be removed.
15.8 An Employee shall be entitled to correct inaccuracies or errors in documents contained in this file.
18.06 When an Employee has grieved a disciplinary action and a Designated Officer has either allowed the grievance or reduced the penalty levied against the grievor, the Employee’s Human Resource human resource file shall be amended by appending notices of corrections of inaccuracies to reflect this action provided that this action results documents within the file, which, in the abandonment of the grievance. Where the grievor appeals the disciplinary action to Arbitration, the award of that tribunal shall be final and binding upon the Employer and the Employee, and the Employee’s Human Resource file shall view, possess errors, or inaccuracies.
15.9 For the purpose of compliance with the provisions of Ontario Regulation 521-01 under the Education Act, the Employer agrees that if applicable, the procedures, guidelines and/or forms developed by OSSTF will be amended to reflect that award.used as the model to
Appears in 1 contract
Samples: Collective Agreement