ARTICLE 12 – EMPLOYMENT RECORDS

Section 1.

Employment records shall include records documenting a SW’s employment, such as appointment letters, payroll records, disciplinary action, and Q and other work evaluations or their equivalent.  A SW’s coursework or academic progress or other academic records shall not be considered employment records.

Section 2.

Upon request, SWs and the Union shall be notified as to the location(s) of the employment records of the SWs. 

Section 3.

SWs shall have the right to examine and copy all employment records. The University shall make such records available within a reasonable time, but no later than five (5) business days after a SW’s request to review such records. 

Section 4.

SWs shall have the right to request removal or correction of any factually incorrect material from their employment record. The University shall correct any such factual errors or shall remove the factually incorrect material within seven (7) business days of the SW’s request.

SWs shall also have the right to request in writing removal of inappropriate material from their employment record which will include an explanation as to why it should be removed. The University shall consider such a request, but shall not be obligated to remove such a document.  SWs shall be notified of the University’s decision and if it is a denial, the University shall include in the notice a written statement explaining the reason(s) for such denial.  

SWs shall have the right to attach a statement in response to any employment record. The statement shall be included when the employment record is transmitted to a third party so long as the original material that was the subject of the statement remains in the SW’s employment record.

Section 5.

Grievance documents and related materials involving a SW shall not be considered employment records. No reference to any grievances shall be placed in an individual’s employment record.

Section 6.

SWs shall be notified within seven (7) business days of any information to the extent that the information is, has been used or may be used, to negatively affect the SW’s qualification for employment, promotion, transfer, additional compensation or the possibility that the SW will be subject to disciplinary action. However, such information shall not include course work or academic progress or other academic records.

Section 7.

All employment records shall remain confidential. Neither the University nor the Union shall make any material public without the SW’s written consent, unless due to subpoenas or other legal process.

Section 8.

Rights established in this article are conferred on SWs and former SWs regardless of current employment status. Former SWs shall have the right to file a grievance alleging violation of this article pursuant to Article 6, Grievance and Arbitration, within the timeframe set forth in the Grievance and Arbitration article. The University shall be obligated to keep employment records for a period of time consistent with the University’s General Records Schedule.