KM Unit – ART. 8: Personnel Files

ARTICLE 8 – PERSONNEL FILES  

A. General Provisions 

  1. It is understood that there shall only be one (1) Official personnel  file for each employee (electronic or otherwise). Personnel files  can be reviewed at Campus Human Resources.

  2. Upon employee’s written request, an employee and/or their  representative, shall be able to review their official personnel file  within a reasonable period of time in the presence of a  representative of the University. 

B. Request for Inspection 

Where the University determines that operational requirements  permit, an employee shall be granted a reasonable amount of time in  without-loss-of-straight-time pay status to review their personnel  file(s). When granting such requests, the University shall take into  account the frequency of such requests and the amount of time the  employee is or will be engaged in such activity. Alternatively, an  individual may provide the University with a written authorization  allowing a designated Teamsters 2010 representative to receive a  copy of the employee’s personnel file(s) or identified portions  thereof. Such written authorization shall be valid for a period of  twenty (20) calendar days from the date thereof. 

C. Rebuttal Statements 

An employee may submit a rebuttal statement to material in their  official personnel file. Said rebuttal shall be attached to the material  being rebutted and placed in the employee’s personnel file. 

D. Grievance Files 

Records involving the processing of an employee’s grievance such as  the grievance form, step appeals and responses, and settlement  documents will be kept in a file separate from the employee’s  personnel file.

E. Protections from Disclosure 

Records protected by recognized legal privilege and records  excepted from disclosure by law may be withheld from the employee  and/or the employee’s representative. Neither an employee nor their  representative shall be entitled to review confidential pre employment information.

F. Fees 

Fees may be charged for making copies of personnel file information  or extracts thereof; however, there shall be no charge for the first  copy of the individual employee’s own records.  Personnel files stored electronically shall be provided electronically  if requested and there shall be no charge. Request for additional  copies will be ten cents (.10) per page. When they are requested,  copies will be provided within a reasonable period of time.

G. Letters in File 

Prior to placing a letter of commendation or a derogatory letter in an  employee’s personnel file, the employee shall be provided with a  copy of said letter.

H. Removal of Documents 

With the exception of performance evaluations, documents such as  letters of disciplinary action, counseling memoranda, oral warnings,  written warnings, and or written records of discussions shall, upon  the written request of the employee, be removed from the employee’s  personnel file(s) if there have been no other disciplinary actions of  the same or similar kind or if there have been no other counseling  memoranda relating to the same or similar issues for a period of  eighteen (18) months unless otherwise required by law. Materials  which would be removed upon the employee’s request or retained  pursuant to a legal requirement or University policy which are more  than 18 months old will not be used or relied upon to take or support  disciplinary action. Where documents are removed pursuant to  employee request, the employee shall receive written confirmation  of their deletion.

I. Correction of File 

If, after inspection of their personnel file, an employee believes that  any portion of the material contained therein is not accurate, the  employee may make a written request to campus Labor Relations  Department to have the material corrected. The University shall  notify the employee in writing of the correction or of its denial of  said request. 

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