Common use of Personnel Files and Discipline Clause in Contracts

Personnel Files and Discipline. When the Employer is contemplating issuing a disciplinary discharge, suspension, layoff, or a written reprimand, the Union and the employee shall be notified prior to such action taking place and shall have the opportunity to meet with the Employer to discuss the circumstances leading to the action being contemplated. The Union and the member shall have an opportunity to state their perspective on the circumstances and to offer any mitigating circumstances for the Employer to consider before issuing such discipline. The concept of just and reasonable cause shall apply. Disciplinary documents shall be removed from the employee’s file after twenty-four (24) months upon request of the employee. A bargaining unit member has the right to review the contents of his/her personnel file and to have a representative of the Union present. Such review will be scheduled in advance. No adverse material originating after initial employment will be placed in a bargaining unit member’s personnel file unless the member has been provided with copies of the material and any complaint has been validated by the Employer. Complaints against the member shall be put in writing with the names of the complainants. No anonymous complaints shall be permitted. The member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. In any instance where the adverse material may be given to any party, the member’s response must be given at the same time and attached to the relevant material. When adverse material is placed in a member’s file, the member shall be provided a copy of said material and may sign said material. Such signature shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material.

Personnel Files and Discipline. When the Employer is contemplating issuing a disciplinary discharge, suspension, layoff, or a written reprimand, the Union and the employee shall be notified prior to such action taking place and shall have the opportunity to meet with the Employer to discuss the circumstances leading to the action being contemplated. The Union and the member shall have an opportunity to state their perspective on the circumstances and to offer any mitigating circumstances for the Employer to consider before issuing such discipline. The concept of just and reasonable cause shall apply. Disciplinary documents shall be removed from the employee’s file after twenty-twenty- four (24) months upon request of the employee. A bargaining unit member has the right to review the contents of his/her personnel file and to have a representative of the Union present. Such review will be scheduled in advance. No adverse material originating after initial employment will be placed in a bargaining unit member’s personnel file unless the member has been provided with copies of the material and any complaint has been validated by the Employer. Complaints against the member shall be put in writing with the names of the complainants. No anonymous complaints shall be permitted. The member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. In any instance where the adverse material may be given to any party, the member’s response must be given at the same time and attached to the relevant material. When adverse material is placed in a member’s file, the member shall be provided a copy of said material and may sign said material. Such signature shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material.

Personnel Files and Discipline. ‌ When the Employer is contemplating issuing a disciplinary discharge, suspension, layoff, or a written reprimand, the Union and the employee shall be notified prior to such action taking place and shall have the opportunity to meet with the Employer to discuss the circumstances leading to the action being contemplated. The Union and the member shall have an opportunity to state their perspective on the circumstances and to offer any mitigating circumstances for the Employer to consider before issuing such discipline. The concept of just and reasonable cause shall apply. Disciplinary documents shall be removed from the employee’s file after twenty-four (24) months upon request of the employee. A bargaining unit member has the right to review the contents of his/her personnel file and to have a representative of the Union present. Such review will be scheduled in advance. No adverse material originating after initial employment will be placed in a bargaining unit member’s personnel file unless the member has been provided with copies of the material and any complaint has been validated by the Employer. Complaints against the member shall be put in writing with the names of the complainants. No anonymous complaints shall be permitted. The member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to the file copy of the material in question. In any instance where the adverse material may be given to any party, the member’s response must be given at the same time and attached to the relevant material. When adverse material is placed in a member’s file, the member shall be provided a copy of said material and may sign said material. Such signature shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material.