Common use of Security Background Checks Clause in Contracts

Security Background Checks. On change of ownership or conversion of the status of a building or employee, employees may be subject to security background checks. Additionally, upon seven (7) days’ prior written notice to the employee and the Union, which notice shall include a sufficient statement of the cause, the Employer may perform a security background check on a current employee where there is reasonable cause to perform that check. “Reasonable cause” shall be objective evidence – e.g., access to the location of the incident at the time an incident occurred – indicating that the particular employee may have committed an offense in connection with their employment and the information sought in the background check may be relevant to determining whether the employee committed such offense. Where, within five days of receipt of such notice, the Union disputes that reasonable cause is present, there shall be an expedited arbitration of the dispute and the security background check shall not be performed until an arbitrator has ruled that it is permissible. Any information obtained in the security background check not directly related to the incident which gave rise to the check shall not be used for any disciplinary action against the employee. An employee shall cooperate with an Employer as necessary for obtaining security background checks. Any employee who refuses to cooperate shall be subject to termination. Notwithstanding the above, Employers shall not subject employees to security background checks on a disciplinary or retaliatory basis. Any disciplinary action imposed arising from security background check results shall only be for just cause. All security background checks shall be confidential and may be disclosed only to the Union, as necessary for the administering of this Agreement, and/or as required by law. The Employer shall pay all costs of any security background checks. The Employer may not invoke this Section in connection with a “Social Security no-match letter.”

Security Background Checks. On change of ownership or conversion of the status of a building or employee, employees may be subject to security background checks. Additionally, upon seven (7) days’ prior written notice to the employee and the Union, which notice shall include a sufficient specific statement of the cause, the Employer may perform a security background check on a current employee where there is reasonable cause to perform that check. “Reasonable cause” shall be objective evidence – e.g., access to the location of the incident at the time an incident occurred – indicating that the particular employee may have committed an offense in connection with their his or her employment and the information sought in the background check may be relevant to determining whether the employee committed such offense. Where, within five days of receipt of such notice, the Union disputes that reasonable cause is present, there shall be an expedited arbitration of the dispute and the security background check shall not be performed until an arbitrator has ruled that it is permissible. Any information obtained in the security background check not directly related to the incident which gave rise to the check shall not be used for any disciplinary action against the employee. An employee shall cooperate with an Employer as necessary for obtaining security background checks. Any employee who refuses to cooperate shall be subject to termination. Notwithstanding the above, Employers shall not subject employees to security background checks on a disciplinary or retaliatory basis. Any disciplinary action imposed arising from security background check results shall only be for just cause. All security background checks shall be confidential and may be disclosed only to the RAB and the Union, as necessary for the administering of this Agreement, Agreement and/or as required by law. The Employer shall pay all costs of any security background checks. The Employer may not invoke this Section in connection with a “Social Security no-match letter.”

Security Background Checks. On change of ownership or conversion of the status of a building or employee, employees may be subject to security background checks. Additionally, upon seven (7) days’ prior written notice to the employee and the Union, which notice shall include a sufficient statement of the cause, the Employer may perform a security background check on a current employee where there is reasonable cause to perform that check. “Reasonable cause” shall be objective evidence – e.g., access to the location of the incident at the time an incident occurred – indicating that the particular employee may have committed an offense in connection with their his or her employment and the information sought in the background check may be relevant to determining whether the employee committed such offense. Where, within five days of receipt of such notice, the Union disputes that reasonable cause is present, there shall be an expedited arbitration of the dispute and the security background check shall not be performed until an arbitrator has ruled that it is permissible. Any information obtained in the security background check not directly related to the incident which gave rise to the check shall not be used for any disciplinary action against the employee. An employee shall cooperate with an Employer as necessary for obtaining security background checks. Any employee who refuses to cooperate shall be subject to termination. Notwithstanding the above, Employers shall not subject employees to security background checks on a disciplinary or retaliatory basis. Any disciplinary action imposed arising from security background check results shall only be for just cause. All security background checks shall be confidential and may be disclosed only to the Union, as necessary for the administering of this Agreement, and/or as required by law. The Employer shall pay all costs of any security background checks. The Employer may not invoke this Section in connection with a “Social Security no-match letter.”