Common use of PRIVACY RIGHTS AND THE DEPARTMENT OF HOMELAND SECURITY (D Clause in Contracts

PRIVACY RIGHTS AND THE DEPARTMENT OF HOMELAND SECURITY (D. H.S.)‌ The Union is obligated to represent all workers without discrimination based upon national or ethnic origin. The Union is therefore obligated to protect workers against violations of their legal rights occurring in the workplace, including unreasonable search and seizure. The Operator is obligated to comply with all applicable federal, state and local regulations in addition to operating within all parameters and specific conditions set in their private compliance agreement with federal state and local regulatory officials. To the extent permitted by law, the Operator shall notify the Union as quickly as possible, if any D.H.S. agent contacts the facility to enable a Union representative or attorney to take steps to protect the rights of workers. Additionally, to the extent permitted by law, the Operator shall notify the Union immediately upon receiving notice from the D.H.S., or when an SSA audit of worker records (for any purpose) is scheduled or proposed and shall provide the Union with any list received from such governmental agencies identifying workers with documentation or social security problems. To the extent permitted by law, the Operator shall not infringe the privacy rights of workers, without their express consent, by revealing to the D.H.S. any worker’ name, address or other similar information. To the extent permitted by law, the Operator shall notify the affected worker and the Union in the event it furnished such information to the D.H.S. To the extent permitted by law, the Operator may provide paid or unpaid leaves of absences for any worker who requests such leave in advance because of court or agency proceedings relating to immigration matters as outlined in its Operator Policies and consistent with all state and federal leave requirements. The decision of whether to grant the leave and the maximum duration of the leave shall be determined in the Operator’s sole discretion. To the extent permitted by law, workers shall not be discharged, disciplined, suffer loss of seniority or any other benefit or be otherwise adversely affected by a lawful change of name or social security number. Workers who have falsified any records concerning their identity and/or social security number will be terminated. Nothing in this Article shall restrict the Operator’s right to terminate a worker who falsifies other types of records or documents. A worker may not be discharged or otherwise disciplined because: 1. The worker (hired on or before November 6, 1986) has been working under a name or social security number other than their own; 2. The worker (hired on or before November 6, 1986) requests to amend his/her employment record to reflect his/her actual name or social security number; 3. The worker (hired on or before November 6, 1986) fails or refuses to provide to the Operator additional proof of his/her immigration status.

PRIVACY RIGHTS AND THE DEPARTMENT OF HOMELAND SECURITY (D. H.S.)‌ H.S.)‌‌‌ The Union is obligated to represent all workers without discrimination based upon national or ethnic origin. The Union is therefore obligated to protect workers against violations of their legal rights occurring in the workplace, including unreasonable search and seizure. The Operator Employer is obligated to comply with all applicable federal, state and local regulations in addition to operating within all parameters and specific conditions set in their private compliance agreement with federal state and local regulatory officials. To the extent permitted by law, the Operator Employer shall notify the Union as quickly as possible, if any D.H.S. agent contacts the facility to enable a Union representative or attorney to take steps to protect the rights of workers. Additionally, to the extent permitted by law, the Operator Employer shall notify the Union immediately upon receiving notice from the D.H.S., or when an SSA audit of worker records (for any purpose) is scheduled or proposed and shall provide the Union with any list received from such governmental agencies identifying workers with documentation or social security problems. To the extent permitted by law, the Operator Employer shall not infringe the privacy rights of workers, without their express consent, by revealing to the D.H.S. any worker’ worker name, address or other similar information. To the extent permitted by law, the Operator Employer shall notify the affected worker and the Union in the event it furnished such information to the D.H.S. To the extent permitted by law, the Operator Employer may provide paid or unpaid leaves of absences for any worker who requests such leave in advance because of court or agency proceedings relating to immigration matters as outlined in its Operator Employer Policies and consistent with all state and federal leave requirements. The decision of whether to grant the leave and the maximum duration of the leave shall be determined in the OperatorEmployer’s sole discretion. To the extent permitted by law, workers shall not be discharged, disciplined, suffer loss of seniority or any other benefit or be otherwise adversely affected by a lawful change of name or social security number. Workers who have falsified any records concerning their identity and/or social security number will be terminated. Nothing in this Article section shall restrict the OperatorEmployer’s right to terminate a worker who falsifies other types of records or documents. A worker may not be discharged or otherwise disciplined because: 1. A. The worker (hired on or before November 6, 1986) has been working under a name or social security number other than their own; 2. B. The worker (hired on or before November 6, 1986) requests to amend his/her employment record to reflect his/her actual name or social security number; 3. C. The worker (hired on or before November 6, 1986) fails or refuses to provide to the Operator Employer additional proof of his/her immigration status.