Common use of Removal of Documents Clause in Contracts

Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee files. However, the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law. B. Written reprimands will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been removed from the personnel file as outlined in Subsections 12.5 B, C or D above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Removal of Documents. A. Adverse Deck Officers must be provided with a copy of all material or information placed in their official personnel file related to alleged misconduct that is determined their job performance. Material placed into the supervisor’s working file related to job performance will be false and all such brought to the Deck Officers attention. The Deck Officer may provide a written rebuttal to any information in situations where the employee has been fully exonerated of wrongdoing file that the Deck Officer considers objectionable. All material placed in the Deck Officer's personnel file relating to misconduct will be removed from employee fileswhen the Deck Officer has been exonerated of wrong doing. HoweverIn all other cases, a Deck Officer may request that the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency appointing authority remove material one (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law1) year after issuance. B. A. Written reprimands will be removed from an employee’s the Deck Officer's personnel file after three two (32) years if: 1. The Deck Officer submits a written request for its removal; 2. Circumstances do not warrant a longer retention period;period such as sexual harassment or criminal activity; and 23. There has been no subsequent discipline; and 3. The employee submits a written request for its removalSuch removal will occur within ten (10) working days of the request. C. Records B. With the exception of permanent demotions, records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will shall be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee Deck Officer submits a written request for its removal.; and D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 12. Circumstances do not warrant a longer retention period; and/oror 23. There has been no subsequent discipline of a similar nature. Such removal will occur within ten (10) working days of the request. C. Performance evaluations will be removed from the Deck Officer's personnel file after three (3) years if: 1. There have been no documented performance deficiencies in a subsequent performance evaluation; and 32. The employee Deck Officer submits a written request for its removal. Such removal will occur within ten (10) working days of the request. E. D. Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been removed from the personnel file as outlined in Subsections 12.5 B, C or D above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Removal of Documents. A. Adverse Deck Officers must be provided with a copy of all material or information placed in their official personnel file related to alleged misconduct that is determined their job performance. Material placed into the supervisor’s working file related to job performance will be false and all such brought to the Deck Officers attention. The Deck Officer may provide a written rebuttal to any information in situations where the employee has been fully exonerated of wrongdoing file that the Deck Officer considers objectionable. All material placed in the Deck Officer's personnel file relating to misconduct will be removed from employee fileswhen the Deck Officer has been exonerated of wrong doing. HoweverIn all other cases, a Deck Officer may request that the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency appointing authority remove material one (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law1) year after issuance. B. A. Written reprimands will be removed from an employee’s the Deck Officer's personnel file after three two (32) years if: 1. The Deck Officer submits a written request for its removal; 2. Circumstances do not warrant a longer retention period;period such as sexual harassment or criminal activity; and 23. There has been no subsequent discipline; and 3. The employee submits a written request for its removalSuch removal will occur within ten (10) working days of the request. C. Records B. With the exception of permanent demotions, records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will shall be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee Deck Officer submits a written request for its removal.; and D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 12. Circumstances do not warrant a longer retention period; and/oror 23. There has been no subsequent discipline of a similar nature. Such removal will occur within ten (10) working days of the request. C. Performance evaluations will be removed from the Deck Officer's personnel file after three (3) years if: 1. There have been no documented performance deficiencies in a subsequent performance evaluation; and 32. The employee Deck Officer submits a written request for its removal. Such removal will occur within ten (10) working days of the request. E. D. Nothing in this Section Rule will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been removed from the personnel file as outlined in Subsections 12.5 B, C or D above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee files. However, the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law.law.‌ B. Written reprimands will be removed from an employee’s personnel file after three (3) years if:if:‌ 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Nothing in this Section Other material or information of an adverse nature will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been be removed from the an employee’s personnel file as outlined after three (3) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in Subsections 12.5 B, C or D above, the information removed will not be used in a subsequent disciplinary actions, unless mutually agreed otherwise.performance evaluation; and 3. The employee submits a written request for its removal.‌

Appears in 1 contract

Samples: Collective Bargaining Agreement

Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee files. However, the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law. B. Written reprimands will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if:if:‌ 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been removed from the personnel file as outlined in Subsections 12.5 B, C or D above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee files. However, the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law. B. Written reprimands will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been removed from the personnel file as outlined in Subsections Section 12.5 B, C or D above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee files. However, the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law. B. Written reprimands will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period; 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been removed from the personnel file as outlined in Subsections Subections 12.5 B, C or D above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee files. However, the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law. B. Written reprimands will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Nothing in this Section Other material or information of an adverse nature will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been be removed from the an employee’s personnel file as outlined after three (3) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in Subsections 12.5 B, C or D above, the information removed will not be used in a subsequent disciplinary actions, unless mutually agreed otherwiseperformance evaluation; and 3. The employee submits a written request for its removal.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee filesthe employee’s personnel file. However, the The Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law. B. Written reprimands will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been removed from the personnel file as outlined in Subsections 12.5 B, C or D above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee files. However, the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law. B. Written reprimands will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. Once a discipline or performance evaluation has been removed from the personnel file as outlined in Subsections 12.5 B, C or D above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Removal of Documents. A. Adverse material or information related to alleged misconduct that is determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing will be removed from employee files. However, the Employer may retain this information in a legal defense file and it will only be used or released when required by a regulatory agency (acting in their regulatory capacity), in the defense of an appeal or legal action, or as otherwise required by law. B. Written reprimands will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. C. Records of disciplinary actions involving reductions-in-pay, suspensions or demotions, and written reprimands not removed after three (3) years will be removed after five (5) years if: 1. Circumstances do not warrant a longer retention period;; and 2. There has been no subsequent discipline; and 3. The employee submits a written request for its removal. D. Performance evaluations will be removed from an employee’s personnel file after five (5) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. E. Other material or information of an adverse nature will be removed from an employee’s personnel file after three (3) years if: 1. Circumstances do not warrant a longer retention period; and/or 2. There have been no documented performance deficiencies in a subsequent performance evaluation; and 3. The employee submits a written request for its removal. F. Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate RCW 41.06.450. F. G. Once a discipline or discipline, performance evaluation or other document has been removed removed, or is eligible to be removed, from the personnel file as outlined in Subsections 12.5 Article 31.6 B, C C, D or D E above, the information removed will not be used in subsequent disciplinary actions, unless mutually agreed otherwise.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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