Common use of EMPLOYEE'S FILE Clause in Contracts

EMPLOYEE'S FILE. The employer agrees not to introduce as evidence in a hearing related to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter. Upon written request of an employee, notice of disciplinary action which has been placed on the personal file of the unlicensed employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. Upon written request of an employee, the personal file of that employee shall be made available once per year for examination in the presence of an authorised representative of the employer. This paragraph also applies when an employee is off ship on leaves of absence due to the following: Sickness; Accident at work; While laid off by the Company or; For any leave of absence authorised by the Company. SEVERANCE PAY Employees who are laid off, due to shortage of work, shall retain recall rights to the Company for up to twelve (12) months from the date of lay off. Should they not be recalled during this time, they shall be severed and the Company shall pay each employee five (5) days basic pay for each full year of service. Employees who appear on the Company Seniority List who are displaced due to automation mechanisation, permanent reduction in the number of employees or the sale or reflagging of a company vessel shall be entitled to bump other employees on other vessels who have less seniority provided they are qualified. Should there be no opportunity to exercise their rights of seniority as set out above, Article shall prevail. Employees shall exercise their bumping rights within seven (7) calendar days of being advised that their position has been terminated. Upon mutual consent between the Company and the Union this time limit may be extended. Should an employee be offered a permanent placement within the twelve (12) month period prescribed and refuse the placement, that employee will be considered to have self-terminated and no severance pay shall be forthcoming. DURATION OF AGREEMENT This agreement shall become effective on January and shall continue in force until December inclusive and thereafter from year to year unless or until either party serves written notice on the other party to the contrary at least one hundred and twenty (120) days prior to December or one hundred and twenty (120) days prior to December of any subsequent year. Logistics Signed at this day of SEAFARERS' INTERNATIONAL LETTER OF UNDERSTANDING Terms of Reference Article I The Committee will consist of the following.

EMPLOYEE'S FILE. The employer agrees not to introduce as evidence in a hearing related to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter. Upon written request of an employee, notice of disciplinary action which has been placed on the personal file of the unlicensed employee shall be destroyed after two (2) years 2)years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. Upon written request of an employee, the personal file of that employee shall be made available once per year for examination in the presence of an authorised representative of the employer. This paragraph also applies when an employee is off ship offship on leaves of absence due to the following: Sickness; Accident at work; While laid off by the Company or; For any leave of absence authorised authorized by the Company. SEVERANCE PAY Employees who are laid off, due to shortage of work, shall retain recall rights to the Company for up to twelve (12) months from the date of lay off. Should they not be recalled during this time, they shall be severed and the Company shall pay each employee five (5) days basic pay for each full year of service. Employees who appear on the Company Seniority List who are displaced due to automation mechanisationautomation, mechanization, permanent reduction in the number of employees or the sale or reflagging of a company vessel shall be entitled to bump other employees on other vessels who have less seniority provided seniorityprovided they are qualified. Should there be no opportunity to exercise their rights of seniority as set out above, Article shall prevail. Employees shall exercise their bumping rights within seven (7) calendar days of being advised that their position has been terminated. Upon mutual consent between the Company and the Union this time limit may be extended. Should an employee be offered a permanent placement within the twelve (12) month period prescribed and refuse the placement, that employee will be considered to have self-terminated and no severance pay shall be forthcoming. DURATION OF AGREEMENT This agreement shall become effective on January and shall continue in force until December inclusive and thereafter from year to year unless or until either party serves written notice on OR the other party to the contrary at least one hundred and twenty (120) days prior to December or one hundred and twenty (120) days prior to December of any subsequent yearsubsequentyear. Logistics Signed at this day of SEAFARERS' INTERNATIONAL _- LETTER OF UNDERSTANDING Terms of Reference Article I Committee A Company Occupational and Labour-Management Committee is established to promote and healthy working conditions for persons employed in the Great Lakes shipping It will not deal with matters such as operational safety public safety. The Committee will consist of the following.

EMPLOYEE'S FILE. The employer agrees not to introduce as evidence No record of discipline or caution will be placed in a hearing related to disciplinary action any document from the file of an employee, the existence 's file unless a copy of which such record is given to the employee was not aware at the time of filing the disciplinary or within a reasonable period thereaftercautionary action. Upon written request Copies of an such letters or memoranda will be delivered to the designated Union Representative. All such records will be removed from each employee, notice of disciplinary action which has been placed 's files on the personal file anniversary of such discipline or caution. Should employees subject to this Agreement believe they have been unjustly dealt with, or that any of the unlicensed employee shall be destroyed after two (2) years provisions of this Agreement have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. Upon written request of an employee, the personal file of that employee shall be made available once per year for examination in the presence of an authorised representative of the employer. This paragraph also applies when an employee is off ship on leaves of absence due to the following: Sickness; Accident at work; While laid off by the Company or; For any leave of absence authorised by the Company. SEVERANCE PAY Employees who are laid off, due to shortage of work, shall retain recall rights to the Company for up to twelve (12) months from the date of lay off. Should they not be recalled during this timeviolated, they shall be severed present their alleged grievance to their immediate supervisor for adjustment. If not so adjusted, and they wish to have the Company matter progressed, they shall pay each employee five (5) days basic pay for each full year of service. Employees who appear on present it in writing to the Company Seniority List who are displaced due to automation mechanisation, permanent reduction in the number of employees or the sale or reflagging of a company vessel shall be entitled to bump other employees on other vessels who have less seniority provided they are qualified. Should there be no opportunity to exercise their rights of seniority as set out above, Article shall prevail. Employees shall exercise their bumping rights authorized Local Union within seven (7) calendar days from the date of being advised the alleged grievance, outlining all pertinent details and the date of the alleged grievance. Where the appeal concerns the interpretation or alleged violation of the Collective Agreement, the appeal shall identify the and clause of the or Appendix involved. The appeal shall be accompanied by a copy of the decision rendered at Step I of the grievance procedure. Each party will notify the other of any changes in designated officers. Upon request from either party reasonable effort will be made to have meetings held within the allotted times. All conferences between shop officials and authorized Local Union Representatives will be held by appointment and concluded during regular working hours without loss of earnings to committee member. The Company will not discriminate against any employees who, as authorized Local on Representatives, from time to time, represent other employees and will grant them leave of absence when delegated to represent other employees. If an authorized Union Representative should consider that their position a provision of this Agreement has been terminatedviolated, that Representative may initiate a grievance, which shall be processed in accordance with the foregoing provisions of this RULE Step I: Within fourteen (14) calendar days from the date of the alleged grievance, the authorized Local Union may progress the grievance in writing outlining all pertinent details and date of grievance to the designated officers of the Company. Upon mutual consent between RULE A decision shall be rendered fourteen calendar days from date of receipt of the Company grievance and a copy will be furnished to the employee and the Union this time limit authorized Local representative. RULE Step II: Within twenty-eight (28) calendar days following receipt of the decision under Step I, the Local Chairperson or General Chairperson may be extendedappeal the decision in writing to the designated officer of the Company. Should an employee be offered a permanent placement within RULE Prior to adjudication or final disposition of grievances by the twelve (12) month period prescribed highest designated authorities as herein provided, and refuse the placement, that employee while questions of grievances are pending there will be considered to have self-terminated and no severance pay shall be forthcoming. DURATION OF AGREEMENT This agreement shall become effective on January and shall continue in force until December inclusive and thereafter from year to year unless or until either party serves written notice on neither a shut down by the other party to employer nor a suspension of work by the contrary at least one hundred and twenty (120) days prior to December or one hundred and twenty (120) days prior to December of any subsequent year. Logistics Signed at this day of SEAFARERS' INTERNATIONAL LETTER OF UNDERSTANDING Terms of Reference Article I The Committee will consist of the followingemployees.