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UW - WFSE AFSCME Council 28 Police Management Bargaining Unit Contract

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

Article 9 - Employee Rights

9.1 Probationary Periods.
Probationary period rejections shall be in writing. Rejections during the probationary period are not grievable.

9.2 Personnel Files.

  1. Employee Access
    Upon written request by an employee to their Human Resources Consultant (official Personnel file) or department manager (departmental file), the employee or employee's representative shall have access to the employee's official or departmental personnel file for review within two (2) business days. A representative of HR or management will be present as appropriate. The employee may request copies, which may be provided at no cost if the size of the request is reasonable. A copy of the written authorization will be retained in the employee's file.
  2. Files Relating to Employment.
    The Employer shall maintain files relating to employment in accordance with the applicable University policy and/or state or federal law. The personnel file for each employee will be maintained by the appropriate Human Resources Operations department and will accompany the employee throughout his or her service career at the University of Washington. The departmental file will be maintained by the department.
    1. This does not preclude the Employer from maintaining payroll, benefits, medical, and computer records in accordance with the University retention schedule and state and/or federal law.
    2. Individual supervisors may create and retain documents in a supervisor tickler file. Documents in the supervisor file will not be placed in the department or personnel 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 or departmental file. All material in the supervisor file, absent unusual circumstances, will be removed annually in October.
    3. 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 shall be kept in a confidential file and shall not be released to a prospective employer without the consent of the officer. Adverse material related to employee misconduct or alleged misconduct which is sustained may be released if required under a Public Records request, or as otherwise required by law. If released, the name of the officer 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. Prior to release of any information about an employee pursuant to a Public Records request, the officer 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. Confidential files will be kept in the Police Department.
    5. Notwithstanding the provisions of this Article, the Employer may retain information relating to employee misconduct or alleged misconduct if the employee requests that the information be retained or if the information will be needed in a pending legal action.
  3. Employee Response.
    A copy of any correspondence or letters issued and intended to be included in an employee's official personnel file shall be mailed or given to the employee prior to becoming a permanent part of the file. An employee may insert rebuttal or refuting documentation into his or her personnel file or departmental file. Employees may also provide information to their supervisor at any time for inclusion in the appropriate file in order to document performance improvement or special achievement.
  4. Confidentiality.
    Unauthorized parties shall not have access to any employee's personnel or departmental file. 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.
  5. Medical files.
    Medical information related to employment will be kept separate from all other employment files and confidential in accordance with state and federal law.
  6. Removal of Documents.
    1. Record of Written Reprimands will be removed from an employee's personnel file after three (3) 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.
    2. Records of Written Reprimands not removed after three (3) years will be removed after six (6) years in accordance with Washington State law if:
      1. There has been no subsequent discipline; and
      2. The employee submits a written request for its removal.
    3. Records of Suspensions will be removed from an employee's personnel file in accordance with Washington State law 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.

9.3 Working Out of Classification.
Whenever an employee is assigned the principal duties and responsibilities of an employee in a higher classification for a single shift or greater period of time, that employee shall be paid a minimum of three (3) steps above their present salary, or shall receive the salary at the bottom of the range for the classification which they are working in, whichever is greater, for all such time worked.

9.4 Indemnification.
The University will indemnify employees for activities out of their employment in accordance with University policy.

9.5 Performance Evaluation.
Performance evaluations will be conducted on an annual basis in accordance with Departmental policy and applicable WPRB WAC rules. The immediate supervisor will conduct the evaluation with input from individuals who supervised the employee during the evaluation period. 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 or used in the promotional process until after the employee has completed review of the evaluation or has had it for fourteen calendar days, whichever comes first. Employees may seek reconsideration of their performance evaluation in accordance with Department Policy and will receive a written response. In accordance with WAC 251-20-040(5) performance evaluations will be retained in the employee's file for no more than three (3) years.

9.6 Employee Assistance.
The Employer and Union will encourage and support participation in appropriate programs, including UW Care Link services, through which employees may seek confidential assistance in the resolution of certain problems (e.g. alcoholism, chemical dependency) which may impact job performance.

No employee's job security will be placed in jeopardy as a result of seeking and following through with corrective treatment, counseling or advice providing that employee's job performance meets supervisory expectations.

9.7 Job Descriptions.
The Employer will provide a written job description to each bargaining unit member. The job description will not be substantially altered without affording the employee the opportunity to discuss the change.

9.8 VEBA Medical Reimbursement Plan.
No later than two months after the contract is executed the University will offer a VEBA Medical Reimbursement Plan for all members of the bargaining unit. The bargaining unit will vote to authorize the University to contribute an agreed upon amount to the VEBA Medical Reimbursement Plan. Such contributions will be based on a percentage of gross income and may range from no contribution to a maximum of 1%. Should the bargaining unit vote to amend their compensation in favor of a VEBA Medical Reimbursement Plan contribution, all members of the bargaining unit must contribute equally and the percentage contribution amount may only be changed by vote and on an annual basis. Individuals may not change contribution rates at any time. In addition to any contributions made pursuant to a vote by the bargaining unit to amend their compensation as provided for in this section, the University, on behalf of each bargaining unit member, will contribute 1.2% of regular pay to the VEBA Medical Reimbursement Plan.

9.9 Upon request, the Employer will share with the union information about classified positions within the bargaining unit which may be abolished or held unfilled.

9.10 Unused sick and vacation leave credits of permanent status employees changing employment between bargaining unit and non-bargaining unit positions shall move with the employee.

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