Common use of Record of Disciplinary Action Clause in Contracts

Record of Disciplinary Action. (a) The Employer agrees not to introduce, as evidence, involving an employee, in any proceeding any document from the file of an employee, the contents of which the employee was not aware at the time of filing. (b) An employee who has been subject to disciplinary action other than suspension may, after eighteen (18) months of continuous service from the date the disciplinary measure was invoked, request in writing that the personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the employee’s file does not contain any further record of disciplinary action during the eighteen month period, of which the employee is aware. The Employer shall confirm in writing to the employee that such action has been effected. (c) An employee who has been subject to disciplinary suspension may, after four (4) years of continuous service from the date the disciplinary suspension was invoked, request in writing that the personnel file be cleared of any record of the disciplinary suspension. Such request shall be granted provided the employee’s file does not contain any further record of disciplinary action during the four (4) year period, of which the employee is aware. The Employer shall confirm in writing to the employee that such action has been effected. (d) An employee shall have the right, when reasonable notice has been given and during office hours, to review the employees’ personnel file and shall have the right to respond in writing to any document contained therein. Such reply shall become part of the permanent record.