Article 40 Severability – The provisions of this Agreement are deemed to be separable to the extent that if and when any provision of this Agreement is determined to be in conflict with any law, rule or regulation by a court or tribunal of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Agreement, but such remaining provisions shall continue in full force and effect and the Parties shall meet to negotiate a replacement clause. Article 41 Work Permit Status – In the event an issue or inquiry arises involving the immigration status or employment eligibility of a non-probationary employee, involving the expiration of an employee's authorization to work, the employee shall be suspended until such time as the matter is remedied or other action is taken consistent with this Article. Employees are responsible for filing the necessary application or petition sufficiently in advance to reasonably expect to maintain continuous employment authorization or valid employment authorization documents. Any lawful changes in the employee's documentation or lawful correction in his/her social security number shall not be considered new employment unless there is a break in service. If the bargaining unit member does not remedy the issue or provide valid documentation that the issue is in the process of being remedied within two weeks the bargaining unit member will be discharged. If within two weeks days there is documentation that a process to remedy the issue has commenced, then the employee has up to 30 days to remedy the process and avoid termination. It is understood that if the work authorization has expired an employee cannot work even if the matter is under review. It is understood that an employee suspended pursuant to this paragraph shall not accrue seniority or any other benefits while suspended. Employees terminated according to this Article who remedy the issue which resulted in termination, if rehired at the Employer's discretion within 6 months, shall retain their seniority. For the purposes of correcting the identified problem, if the Employer is given adequate notice of planned absences and verification of the appointments, hearings or other proceedings, the employee may be granted time off to remedy the issue. The employee must use accrued time before unpaid time for these purposes. Upon request the Employer agrees to meet with the Union and discuss the employee's issue/problem if the employee so requests. When practicable, and permissible under applicable law and/or regulations, this meeting will take place before the Employer initiates any adverse employment action. The and the Employer understand and agree that under no circumstances do the terms of this Agreement void any current or future Local, State or Federal
Article 40 – Severability The provisions of this Agreement are deemed to be separable to the extent that if and when any provision of this Agreement is determined to be in conflict with any law, rule or regulation by a court or tribunal of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Agreement, but such remaining provisions shall continue in full force and effect and the Parties shall meet to negotiate a replacement clause. Article 41 – Work Permit Status In the event an issue or inquiry arises involving the immigration status or employment eligibility of a non-probationary employee, involving the expiration of an employee's authorization to work, the employee shall be suspended until such time as the matter is remedied or other action is taken consistent with this Article. Employees are responsible for filing the necessary application or petition sufficiently in advance to reasonably expect to maintain continuous employment authorization or valid employment authorization documents. Any lawful changes in the employee's documentation or lawful correction in his/her social security number shall not be considered new employment unless there is a break in service. If the bargaining unit member does not remedy the issue or provide valid documentation that the issue is in the process of being remedied within two weeks the bargaining unit member will be discharged. If within two weeks days there is documentation that a process to remedy the issue has commenced, then the employee has up to 30 days to remedy the process and avoid termination. It is understood that if the work authorization has expired an employee cannot work even if the matter is under review. It is understood that an employee suspended pursuant to this paragraph shall not accrue seniority or any other benefits while suspended. Employees terminated according to this Article who remedy the issue which resulted in termination, if rehired at the Employer's discretion within 6 months, shall retain their seniority. For the purposes of correcting the identified problem, if the Employer is given adequate notice of planned absences and verification of the appointments, hearings or other proceedings, the employee may be granted time off to remedy the issue. The employee must use accrued time before unpaid time for these purposes. Upon request the Employer agrees to meet with the Union and discuss the employee's issue/problem if the employee so requests. When practicable, and permissible under applicable law and/or regulations, this meeting will take place before the Employer initiates any adverse employment action. The and the Employer understand and agree that under no circumstances do the terms of this Agreement void any current or future Local, State or Federal