AFSCME Contract - MMB Home - Minnesota Management & Budget

Each employee shall be furnished with a copy of all evaluative and disciplinary entries into the
personnel office record and shall be entitled to have the employee's written response included
therein.
Documentation regarding any wage garnishment action against an employee shall not be
placed in the employee's personnel file.
Only the personnel office record may be used as evidence in any disciplinary action or hearing.
This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive
documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so
limit the Union.
Any disciplinary material removed from a personnel file under this section may be referenced
by the Employer in a future disciplinary action for purposes of notice, but cannot be used by the
Employer to demonstrate progressive discipline.
Formal grievances filed by the Union in accordance with the provisions of Article 17, Grievance
Procedure, shall not be retained in the employee’s personnel file. This includes the grievance
form and the Settlement and Release document. However, this material may be stored in the
Human Resources Office and will be subject to the provisions of the Minnesota Government
Data Practices Act.
B. Employee/Union Access to File. The contents of an employee's personnel office record shall
be disclosed to the employee upon request and to the employee's Union representative upon
the written request of the employee. In the event a grievance is initiated under Article 17, the
Appointing Authority shall provide a copy of any items from the employee's personnel office
record upon the request of the employee. Up to ten (10) copies of such material shall be
without cost to the employee, Local Union, or Union. A supervisor’s file is subject to the
release provisions of the Minnesota Government Data Practices Act.
C. Removing Materials from File. Upon the employee's request, the following documentation
shall be removed from the employee's personnel file:
1. a written reprimand provided that no further disciplinary action has been taken against the
employee for two (2) years from the date of the written reprimand;
2. a written record of a suspension of ten (10) days or less provided that no further disciplinary
action has been taken against the employee for three (3) years from the effective date of
the suspension;
3. a written requirement to provide a medical statement (and any such statements) due to
suspected sick leave abuse, provided that the employee has not received such a
requirement for one (1) year from the expiration of the previous requirement.
4. a "letter of expectation" provided that the employee has performed satisfactorily for one (1)
year from the date of the "letter of expectation".
Upon request, disciplinary letters which have met the contractual conditions of removal from the
employee’s personnel file shall also be removed from the supervisor’s file.
A written request to remove a document from a personnel file under this section shall not be placed
in the file.
Materials removed pursuant to this section shall be provided to the employee.
2013-2015 AFSCME Contract – Page 46