Collective Bargaining Agreement with AFSCME Local 2910

ARTICLE 12. PERSONNEL RECORDS

Unless otherwise specified herein, this article applies only to the Official Personnel Folder (OPF) and worksite personnel files.

Section 1. Official Personnel Folders

  1. The Library intends to maintain Official Personnel Folders (OPFs) in electronic format. Each employee and/or designated representative who has been so authorized in writing by the employee, and when not contrary to law to which the Library is subject, has the right to review and to print documents from his/her OPF. The Library will delete third-party names from all Personnel Action Recommendations (PARs).

  2. An officially authorized person may inspect such records and files only after providing appropriate proof of authorization. The management officials designated to be responsible for the file, and staff in Human Resources Services (HRS) who must use the file in the course of their work, do not need such proof of authorization. A record of all viewing activity indicating the viewer’s name, the date and time of access and the reasons for the inspection will be available to the employee and/or his/her representative by request submitted to HRS.
  3. No record or document in an employee's file will be made available to any unauthorized persons for inspection, review, copy, printing or photoduplication. Such information will be made available to authorized persons not employed by the Library only for official use as provided in the Guide to Personnel Recordkeeping.


  4. An employee may view and print records from his/her Official Personnel File via the internet at any time, from any computer that has internet access. The HRS office will maintain certain designated core hours during which employees may use an HRS computer to review their OPFs on request. HRS may, if circumstances so dictate, require the employee or his/her representative to make an appointment to review the record.

  5. It is agreed that any record in the OPF which has not been disclosed to the employee cannot be used as a basis for a disciplinary action.

  6. The OPFs shall contain only those records permitted by the Office of Personnel Management (OPM) and personnel forms prescribed for use by the Library. Within those guidelines, employees have the right to update their OPFs with relevant information regarding experience, education, training, etc. which might enhance their careers. No derogatory material of any nature which might reflect adversely upon the employee's character or government career will be placed in his/her OPF by the Library without the employee seeing and having the opportunity to initial the material, and to receive a copy, with the exception of material required by law and regulation to be kept confidential from the employee.

  7. Employees may put any statement on record in their worksite file in response to information they consider unfavorable to themselves which is filed in the OPF.

  8. Records of complaints and charges determined to be unfounded may be placed in the OPF as a required record or if necessary to document employee entitlement to back pay or other benefits. Such complaints and charges will not, under any circumstances, be considered a factor in connection with any disciplinary action, promotion, or the like. Material not required by law or the provisions of this Agreement shall be removed at the request of the employee. Such material, after removal from the OPF, may be filed in the appeal, grievance, or Equal Employment Opportunity complaint file as required by law or higher authority.

  9. Official memoranda or letters of reprimand and similar documents are considered temporary and are not to be kept in the OPF longer than two (2) years unless the Director of Human Resources shows cause why a longer retention period is necessary. Human Resources Services shall notify the employee of the retention period.

  10. Written records of warnings shall not be kept in the OPF.


 

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(03/10/08)