ARTICLE 28 - PERSONNEL RECORDS

Each employee shall have the right, upon request, to examine and copy all materials except that covered by waivers, including any and all evaluations, contained in the official personnel records maintained by the Division of Human Resources concerning such employee. The Association shall have access to an employee's records upon written authorization by the employee involved. Whenever any evaluative material is inserted into the personnel file or records of an employee, such employee shall be promptly notified and given a copy of such material. The Association or any employee may challenge the accuracy or propriety of a personnel evaluation by filing a written statement of challenge to the personnel file. An employee may file a grievance based on a personnel evaluation which results in a negative action. Upon determination at any step of the grievance procedure that such material is improperly placed in such employee's personnel records such material(s) shall be removed.

An employee who wishes to have adverse material removed from their University Personnel File may make a written request for such removal to the Labor Relations Administrator. In making a decision as to whether material will be removed, the Administrator shall consider the time which has elapsed since the material was placed in the employee's file, the employment record of that employee prior to and after the material was placed in the file, and the importance of the material to maintaining necessary information about an employee's University service. In the case of material that is more than two (2) year old, the decision of the Administrator shall be subject to review through the grievance arbitration procedure as to whether the decision not to remove material was arbitrary and capricious.


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