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UW - Teamsters Local Union No. 117 Contract

Effective 7/1/15 - 6/30/17

Article 8 - Employee Files

8.1 Employee Personnel & Department Files.
For purposes of this agreement, "department file" shall refer to the employee personnel file maintained by the University of Washington Police Department. The employee and/or Union representative may schedule a time to examine the employee's official personnel file located in the Human Resources Office upon written request of the employee to the Human Resources Representative. The employee and/or Union representative may schedule a time to examine the employee's department file located in the University of Washington Police Department upon written request to their department manager. A representative of HR or management will be present as appropriate. The Human Resources Representative or designee (official personnel file) or the department manager (department file) may remove any documents in an employee's file which were obtained through assurances of any confidentiality to a third party at the time of original appointment.

However, the employee and/or Union representative shall have access to any such information in the file to be utilized in a formal grievance filed under this Agreement. A copy of any correspondence or letters issued and intended to be included in an employee's official or department personnel file shall be mailed or given to the employee prior to becoming a permanent part of the official or department files. The employee shall receive a copy of all materials placed in the employee's official or department personnel files other than routine personnel items such as payroll documents. An employee shall have the right to include his/her comments and supporting documentation with materials in either the official or department personnel files.

Employees may request that certain materials in their official and department personnel files be reviewed for possible removal. Employees may request that the Employer remove evidence of Written Reprimands from the official and department personnel files after three (3) years, provided no similar violations have occurred within the thirty-six (36) months from the date of the Reprimand. Once removed, the evidence of the Written Reprimand may not be used for further discipline nor introduced into arbitration by the Employer as evidence against the employee. Records of Suspensions will be removed from an employee's official and department personnel file after seven (7) years if:

  1. Circumstances do not warrant a longer retention period;
  2. There has been no subsequent discipline; and
  3. The employee submits a written request for removal.

Nothing in this Section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate prevailing Washington State law.

Medical information related to employment will be kept separate from all other employment files and confidential in accordance with state and federal law. A record will be retained in the HR personnel file of the names of individuals outside of HR who have reviewed the personnel file who do not have written authorization from the employee, except requests for records in accordance with the Public Records request process.

Unauthorized parties shall not have access to any employee's personnel file or department file.

8.2 Destruction or retention of information.

  1. Information shall be retained by the Employer as long as it has a reasonable bearing on the employee's job performance or upon the efficient and effective management of the institution.
  2. Adverse material or information related to employee misconduct or alleged misconduct which is determined to be false, and all such information in situations where the employee has been fully exonerated of wrong doing, will be kept in a confidential file and shall not be released to the public or a prospective employer without the consent of the employee except as required by law.
  3. Adverse material related to employee misconduct or alleged misconduct which is sustained may be released if required under a Public Records Act (PRA) request or as otherwise required by law. If released, the name of the employee will be deleted from the document, unless the name of the officer has already been made public or if disclosure is otherwise required by law.
  4. Documents in a supervisory file will not be placed in the official personnel file or Department file unless they are incorporated as part of an official action (such as a performance evaluation or a corrective action), which should then be retained in the appropriate personnel file or department file. All material in the supervisory file of non-probationary employees, absent unusual circumstances, will be removed in conjunction with the employee's annual performance evaluation.
  5. Names of employees will not be released unless required by law, and names of employees will be deleted from the Department's Annual Report.
  6. Prior to release of any information about an employee pursuant to a PRA request, the employee will be notified of the request and, to the extent possible, allowed four (4) business days to seek an injunction before the information is released.

8.3 Indemnification.
The Employer will indemnify and hold harmless employees for activities arising out of and/or duties assigned during their employment in accordance with University policy.

8.4 Performance Evaluations.
Performance evaluations will be conducted on a regular basis in accordance with Departmental policy. Employees will have the right to submit rebuttals to performance evaluations and have the rebuttals attached to the evaluation. Evaluations will not be provided to outside agencies without written authorization from the employee, unless subject to legal process. Employees may seek reconsideration of their performance evaluation in accordance with Department Policy and will receive a written response.

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