Know Your Rights, Third Quarter of 2010

What is in Your Personnel File?

It is always disheartening when an employee receives a letter of counseling or a letter of warning or formal reprimand. It is important to note, however, that in most cases these disciplines can be removed from the employee’s permanent record.

According to Article 37, Section B of MEA’s MOU, “Formal reprimands without further penalty more than two (2) years old, and those with additional penalty more than three (3) years old, will be destroyed, and will not be considered for purposes of promotion, transfer, special assignments and disciplinary actions, except as to disciplinary actions when such reprimands show patterns of specific similar misconduct. Reprimands may be retained in the employee’s personnel jacket. Upon request of the employee, such reprimands will be destroyed on this basis. However, in the event that an employee fails to make such a request, on discovery by Management any reprimand will be destroyed in accordance with this provision.”

In the case of letters of counseling and letters of warning, Article 37, Section C states, “Letters of counseling and letters of warning, more than one (1) year old will be destroyed and will not be considered for purposes of promotion, transfer, special assignments and disciplinary actions, except as to disciplinary actions involving specific similar misconduct as that addressed in the letter of counseling or letter of warning. Letters of counseling and letters of warning may be retained in the employee’s personnel jacket. Upon request of the employee, such letters of counseling and letters of warning will be destroyed on this basis. However, in the event that an employee fails to make such a request, on discovery by Management any counseling or warning will be destroyed in accordance with this provision.”

MEA encourages you to check your personnel file once a year in order to be aware of your file’s content and to ensure that previous disciplines have indeed been purged. To view your personnel file, simply contact your payroll specialist and schedule an appointment. If you experience any difficulties in scheduling the appointment, or if you discover any personnel file discrepancies, please do not hesitate to contact your MEA labor representative. We are here to protect and enforce your rights!