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ARTICLE 37 <br /> PERSONNEL FILES <br /> 37.01 The personnel files for all employees shall be maintained by the Human Resources Director <br /> for the City of Lakewood. <br /> 37.02 All full-time employees of the bargaining unit shall have the right to examine their own <br /> personnel file (excluding all information related to their probationary period and pre-employment <br /> screening). Employees will be required to remain in the Human Resources Department with a <br /> member of the Human Resources staff while reviewing their file. Under no circumstances will an <br /> employee be allowed to remove a file from the Department of Human Resources. <br /> 37.03 An employee may not alter any documents in their file but may place written clarification, <br /> explanation or rebuttal to any of its' contents which may be of a negative nature by submitting <br /> same, through channels, to the Human Resources Director. <br /> 37.04 No unsubstantiated complaint shall be placed in an employee's personnel file and any <br /> disaffirmed disciplinary action shall be expeditiously removed from an employee's RdM�!�w� file. <br /> ARTICLE 38 <br /> CONFLICT WITH LAW AND SEPARABILITY <br /> 38.01 The parties intend this Agreement to supersede and replace any state and local laws on the <br /> subjects covered by this Agreement. Where this Agreement makes no specification about a matter, <br /> the provisions of applicable law shall prevail. If, by operation of law or by a court of competent <br /> jurisdiction, it is found that any provision shall be of no further force and effect, the remainder of <br /> the Agreement shall remain in full force and effect for the Agreement term. <br /> 38.02 If it is determined by a court of final jurisdiction that any provision of this Agreement is in <br /> conflict with the law, that provision shall be null and void and shall not affect the validity of the <br /> remaining articles of this Agreement. <br /> 38.03 In the event of an unlawful determination of a section or article of this Agreement, that <br /> section or article shall be reopened and the City and Union shall meet within thirty (30) days to <br /> negotiate a lawful alternative provision. If the parties cannot resolve the issue among themselves <br /> within thirty (30) days of the first meeting,the parties shall submit the issue to arbitration pursuant <br /> to the terms of Article 10, Paragraph I0.04. <br /> ARTICLE 39 <br /> TRAINING ASSIGNMENT <br /> 39.01 The employer may assign an employee the responsibility of training another bargaining <br /> unit employee. The employee assigned responsibility for training shall receive $250.00 for each <br /> year such responsibility is assigned. <br /> 25 <br />