Workplace Immigration Enforcement. To the extent permitted by law, the Employer shall notify a Union representative promptly if the Employer receives a “no-match” letter from the Social Security Administration (“SSA”), if it is contacted by the Department of Homeland Security (“DHS”), regarding the immigration status of an employee covered by this Agreement, or if a search or arrest warrant, administrative warrant, subpoena, or another request for documentation is presented. The Union will keep confidential any information it obtains per this provision. It will use any such information solely to represent or assist the affected employee(s) about the DHS matter. Recognizing the Article's intent, the Employer will comply with legal authorities, including agents of the DHS, only as it deems necessary and appropriate. To the extent permitted by law, the Employer shall permit inspection of I-9 forms by DHS or DOL only after a minimum of (3) three days written notice, or another such period as provided by law or where such inspection is otherwise following the provisions of this Section. The Employer also shall permit review of I-9 forms where a DHS search or arrest warrant, administrative warrant, subpoena, or other legal process signed by a federal judge or magistrate names employees or requires the production of I-9 forms. To the extent permitted by law, the Employer shall not provide documents other than the I-9 forms to DHS for inspection or reveal to the DHS the names, addresses, or immigration status of any employees in the absence of a valid DHS administrative subpoena, a search warrant, or subpoena signed by a federal judge or magistrate, or where otherwise required by law, or it is otherwise deemed by the employer to be appropriate under the circumstances. In addition, to the extent permitted by law, the Employer shall offer a private setting for questioning of employees by DHS. Reverification of Status. To the extent permitted by law, no employee employed continuously on or before November 6, 1986, shall be required to document immigration status. To the extent permitted by law, the Employer shall not require or demand proof of immigration status, except as required by 8 USC 1324a (1)(B) and listed on the back of the I-9 form or as otherwise required by law. Suppose the Employer sells the business or its assets. In that case, to the extent permitted by law, the Employer shall offer to transfer the I-9 forms of its employees to the new employer or, at the employer’s option, to jointly maintain the I-9 records of its employees with the successor employer for three (3) years, after which the successor employee shall maintain said forms. To the extent permitted by law, the Employer shall not take adverse employment action against an employee based solely on the results of a computer verification of immigration or work authorization status.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Workplace Immigration Enforcement. To the extent permitted by law, the The Employer shall notify a representative of the Union representative promptly as soon as practical if the Employer receives a “no-match” letter from the Social Security Administration (“SSA”), if it is contacted by the Department of Homeland Security (“DHS”, formerly the INS), regarding the immigration status of an employee covered by this Agreement, or if a search or and/or arrest warrant, administrative warrant, subpoena, or another other request for documentation is presented. The Union will agrees that it shall keep confidential any information it obtains per pursuant to this provision. It , and that it will use any such information solely to represent or and/or assist the affected employee(s) about with regard to the DHS matter. Recognizing the intent of the Article's intent, the Employer will comply with legal authorities, including agents of the DHS, DHS only as it deems necessary and appropriate. To the extent permitted by law, the The Employer shall permit inspection of I-9 forms by DHS or DOL only after a minimum of (3) three days written notice, or another other such period of time as provided by law or where such inspection is otherwise following in accordance with the provisions of this Section. The Employer also shall permit review inspection of I-9 forms where a DHS search or and/or arrest warrant, administrative warrant, subpoena, or other legal process signed by a federal judge or magistrate specially names employees or requires the production of I-9 forms. To the extent permitted by law, the The Employer shall not provide documents other than the I-9 forms to DHS for inspection or reveal to the DHS the names, addresses, addresses or immigration status of any employees in the absence of a valid DHS administrative subpoena, a search warrant, or subpoena signed by a federal judge or magistrate, or where otherwise required by law, or it is otherwise deemed by the employer to be appropriate under the circumstances. In addition, to To the extent permitted by lawlegally possible, the Employer shall offer a private setting for questioning of employees by DHS. Reverification of Status. To the extent permitted by law, no employee employed continuously on or before November 6, 1986, shall be required to document immigration status. To the extent permitted by law, the Employer shall not require or demand proof of immigration status, except as required by 8 USC 1324a (1)(B) and listed on the back of the I-9 form or as otherwise required by law. Suppose the Employer sells the business or its assets. In that case, to the extent permitted by law, the Employer shall offer to transfer the I-9 forms of its employees to the new employer or, at the employer’s option, to jointly maintain the I-9 records of its employees with the successor employer for three (3) years, after which the successor employee shall maintain said forms. To the extent permitted by law, the Employer shall not take adverse employment action against an employee based solely on the results of a computer verification of immigration or work authorization status.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Workplace Immigration Enforcement. To The Employer shall:
1. Unless objected to by the extent permitted by lawaffected employee, the Employer shall notify a representative of the Union representative promptly as soon as practical if the Employer receives a “no-match” match letter from the Social Security Administration (“SSA”)Administration, if it or is contacted by the Department of Homeland Security (“DHS”), regarding ) (formerly the INS) related to the immigration status of an employee covered by this Agreement, Agreement or if a search or and/or arrest warrant, administrative warrant, subpoena, or another other request for documentation documents is presentedpresented in order that the Union can take steps to protect the rights of its members. The Union will agrees that it shall keep confidential any information it obtains per pursuant to this provision. It provision and that it will use any such information solely to represent or and/or assist the affected employee(s) about in regards to the DHS matter.
2. Recognizing the Article's intent, the Employer will comply with legal authorities, including Refuse admittance of any agents of the DHSDHS who do not possess a search and/or arrest warrant, only as it deems necessary and appropriateadministrative warrant, subpoena or other legal process signed by a federal judge or magistrate, unless otherwise required by law to be admitted.
3. To the extent permitted by law, the Employer shall permit Permit inspection of I-9 forms by DHS or DOL only after a minimum of (3) three days written notice, notice or another other such period of time as provided by law or where such inspection is otherwise following in accordance with the provisions of this Section. The Employer also shall permit review inspection of I-9 forms where a DHS search or and/or arrest warrant, administrative warrant, subpoena, subpoena or other legal process signed by a federal judge or magistrate specifically names employees or requires the production of I-9 forms. To the extent permitted by law, the The Employer shall not provide documents other than the I-9 forms to the DHS for inspection or reveal to the DHS the names, addresses, addresses or immigration status of any employees in the absence of a valid DHS administrative subpoena, or a search warrant, warrant or subpoena subpoenas signed by a federal judge or magistrate, magistrate or where otherwise required by law, or it is otherwise deemed by the employer to be appropriate under the circumstances.
4. In addition, to To the extent permitted by lawlegally possible, the Employer shall offer a private setting for questioning of employees by DHS. Reverification of Status. To the extent permitted by law, no employee employed continuously on or before November 6, 1986, shall be required to document immigration status. To the extent permitted by law, the Employer shall not require or demand proof of immigration status, except as required by 8 USC 1324a (1)(B) and listed on the back of the I-9 form or as otherwise required by law. Suppose the Employer sells the business or its assets. In that case, to the extent permitted by law, the Employer shall offer to transfer the I-9 forms of its employees to the new employer or, at the employer’s option, to jointly maintain the I-9 records of its employees with the successor employer for three (3) years, after which the successor employee shall maintain said forms. To the extent permitted by law, the Employer shall not take adverse employment action against an employee based solely on the results of a computer verification of immigration or work authorization status.
Appears in 1 contract
Samples: Collective Bargaining Agreement