Current through Register Vol. 48, No. 38, September 20, 2024
a)
Employers subject to the Act shall preserve and maintain the following records,
to the extent that they may exist, for the periods indicated herein:
1) Applications for employment, resumes, and
other documents or supporting materials submitted by or on behalf of
applicants; and all interview forms, aptitude or qualifying examinations,
personal history or background examination reports, medical history and
physical examination reports, and other documents, pertaining to each
applicant, for a period of one year from the date of application;
2) Each employee's personnel file, including
performance evaluations, attendance/tardiness records, reprimands and
disciplinary records, and suspension, lay-off, termination or resignation
records, for a period of one year from the date of such employee's termination
or separation from employment;
3)
Job descriptions, production standards, and other records of required job
duties, qualifications and performance criteria, for a period of one year
following the date the same cease to be effective.
b) Labor organizations subject to the Act
shall preserve and maintain the following membership and business records to
the extent that they may exist for the periods indicated herein:
1) Applications for membership or transfer of
membership, and supporting documents or materials submitted by or on behalf of
any applicant, and any records bearing on the disposition thereof, for a period
of one year from the date of application;
2) All membership and apprenticeship records,
including records pertaining to the discipline, suspension or expulsion of a
member, apprentice, or trainee, for a period of one year from the date of
expulsion or separation of any such person from membership or an apprenticeship
or training program;
3) All
grievance and arbitration records, including documents pertaining to the
request by or on behalf of any member of the collective bargaining unit that a
grievance be initiated, and any documents reflecting the disposition of such a
request or the disposition of any grievance filed, for a period of one year
from the date of such request or from the date of final resolution of the
grievance.
c) Employment
agencies shall preserve the following documents for a period of one year from
the time these documents are created:
1) all
applications for assignment to an employer, and documents in support
thereof;
2) any documents bearing
on the disposition thereof;
3)
documents relating to the terms and conditions of an assignment.
d) Charge Pending -
Notwithstanding any other provision of this Part, once a charge has been served
on a respondent, the respondent shall preserve all records and other evidence
pertaining to the charge until the matter has been finally
adjudicated.
