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 Employees without discrimination based upon national or ethnic origin. The Union is therefore obligated to protect Employees against violations of their legal rights occurring in the workplace, including unreasonable search and seizure. The 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 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 Employees. Additionally, to the extent permitted by law, the Employer shall notify the Union immediately upon receiving notice from the D.H.S., or when an SSA audit of Employee records (for any purpose) is scheduled or proposed and shall provide the Union with any list received from such governmental agencies identifying Employees with documentation or social security problems. To the extent permitted by law, the Employer shall not infringe the privacy rights of Employees, without their express consent, by revealing to the D.H.S. any Employee' name, address or other similar information. To the extent permitted by law, the 13 / 41 Employer shall notify the affected Employee and the Union in the event it furnished such information to the D.H.S. To the extent permitted by law, the Employer may provide paid or unpaid leaves of absences for any Employee who requests such leave in advance because of court or agency proceedings relating to immigration matters as outlined in its 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 Employer's sole discretion. To the extent permitted by law, Employees 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. Employees who have falsified any records concerning their identity and/or social security number will be terminated. Nothing in this Article shall restrict the Employer's right to terminate an Employee who falsifies other types of records or documents. An Employee may not be discharged or otherwise disciplined because: 1. The Employee (hired on or before November 6, 1986) has been working under a name or social security number other than their own; 2. The Employee (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 Employee (hired on or before November 6, 1986) fails or refuses to provide to the Employer additional proof of his/her immigration status.