ARTICLE 8 – PERSONNEL FILES
A. General Provisions
- 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.
- 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.
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.