Removing Disciplinary Information from Your Personnel File
Did you know that you have the right to view the contents of your personnel file, to rebut information you feel is incorrect and even to have certain disciplinary information removed? Upon your request, disciplinary materials (except for matters like theft, discrimination, violence, etc.) can be removed from your personnel file after two years (and verbal warnings after one year) as long as you’ve had no other disciplinary events during that time. The applicable language from our contract that describes your rights and the guidelines around making these requests is included at the bottom of this blog post.
To request removal of disciplinary material from your personnel file, you may email HR Records at records@ohsu.edu with the following message: “Pursuant to AFSCME Local 328 contract article 6.8 Personnel Records, I am requesting that HR remove from my personnel file any eligible disciplinary materials that are more than two years old and any verbal warnings that are more than one year old. Please send me an email confirmation when this has been completed.” To make it easy, you can click this link to open a pre-addressed, pre-populated email for you to send. If you encounter any difficulties or have questions, please contact the Oregon AFSCME Smart Center at (844) 758-6466.
Note: At our first weekly bargaining session with OHSU, back in March, our union proposed changes to our contract that would have allowed the removal of old disciplinary materials to happen more automatically. OHSU rejected the proposal the following week, stating that there wasn’t a way to automate this process and that having HR regularly audit personnel files for items to remove would create an administrative burden. If an automated process truly isn’t possible, we’ll be reminding our members periodically to make these requests whenever they need to — we think it’s important that our members know about and utilize this contractual right.
6.8 Personnel Records
6.8.1 Personnel file contents. The Employer’s file pertaining to an individual employee is referred to as the employee’s personnel file. The contents of each file are confidential as to the individual employee. An employee’s personnel file consists of his/her centralized personnel file in Human Resources and departmental personnel file. It does not include his/her supervisor’s notes file. A copy of each employee’s performance appraisal shall be maintained in his or her personnel file. No material generated during the course of a grievance shall be kept in the personnel files. An employee may include in his/her personnel file copies of any relevant material he/she wishes, such as letters of favorable comment, licenses, certificates, college course credits or any other material which reflects creditably on the employee. The Employer will provide the contents of an employee’s personnel file to the Union upon specific authorization of an employee or pursuant to its legal obligation to produce information requested by the Union.
6.8.2 Inspection. An employee may, upon request, inspect the contents and obtain copies of documents from his/her official personnel file, except for confidential reports from previous employers. If the employee submits his or her request at least fourteen (14) days prior to the requested inspection date, the Employer will provide each part of the employee’s personnel file for inspection at the same location. Employees will be charged for copies at the per page rate established by Employer policy. The Union will be provided notice and opportunity for input 60 days prior to any change in this rate.
6.8.3 Placement of documents in personnel file. The employee shall be asked to sign such material to be placed in his/her personnel files with an attached disclaimer that the employee’s signature confirms only that the supervisor has discussed and given a copy of the material to the employee, and does not indicate agreement or disagreement. If an employee is not available within a reasonable period of time to sign the material, the Employer may place the material in the files provided that a copy of the document is emailed or mailed to the employee at his/her address of record.
6.8.4 Right of rebuttal. If the employee believes that any of the above material is incorrect or a misrepresentation of facts, he/she shall be entitled to prepare in writing his/her explanation or opinion regarding the prepared material. This shall be included as part of his/her personnel record until the material is removed.
6.8.5 Removal of materials. Except as provided below, materials reflecting written disciplinary action shall be removed from an employee’s active personnel file after two (2) years, upon written request of the employee to Human Resources, provided there have been no further disciplinary events of any kind during the two-year period. Such documents will be removed from the employee’s active personnel file into an archived file. Materials may be removed earlier upon mutual agreement of the manager and the employee. Only Human Resources personnel may have access to the archived file, except when archived records may be utilized in cases of potential discharge. If the employee has not requested removal and there have been no further disciplinary events during the two (2) year period, then the Employer will not consider the disciplinary action for purposes of progressing discipline. Exceptions are as follows:
a. These provisions shall not apply to disciplinary action of a written warning or higher for theft, willful misrepresentation, conduct threatening or endangering the safety of others in the workplace, or discrimination, harassment or assault/violence (as defined by law) against another person.
b. Verbal warnings shall be removed from the employee’s file after (1) year, at the employee’s request, if there have been no further disciplinary events during the one-year period.