YUFA
Collective Agreement
2001-2003
Article 22
Personnel Files
22.01
Documents and materials used by the Employer in the professional assessment of an employee, except for documents and materials prepared for and used in the process of consideration for promotion or the granting of tenure/continuing appointment, shall be placed in one of the employee's official personnel files. Official personnel files shall be kept only in the office of the employee's Faculty Dean/University Librarian, the Department of Human Resources, and the Office of the President. Normally only one (1) personnel file will be kept in any one of the above offices. When more than one such file is held in an office, each file in that office shall carry a note indicating the existence of the other(s).
22.02
Employees shall have the right, during normal business hours and on reasonable notice in writing to the head of the office in question, to examine the file held in any of the offices in clause 22.01, subject to the following conditions:
(a) The employee, or his/her duly authorized representative, shall be allowed to examine his/her personnel file only in the presence of a person designated by the head of the office in question. The employee shall not be permitted to remove the file or any part thereof from the office.
(c) An employee shall have access to all documents and materials to be used by the Employer in making professional assessments of that employee, except for:
(i) documents and materials prepared for and used in the process of consideration for promotion or the granting of tenure/continuing appointment,
(ii) documents and material prepared for and used in the process of consideration for awards and grants, and
(iii) documents and material prepared for and used in the appointment to academic-administrative, or administrative, positions within the University, inside or outside the bargaining unit.
Unless specifically requested by the employee, no anonymous material other than aggregated statistical information recorded in student evaluations shall be kept concerning any employee. (The raw data [e.g., questionnaires] from which this aggregate statistical information has been developed must be kept until the employee has had the opportunity to confirm the accuracy of these statistical aggregates.) In any event no such material shall be used in any process covered by the terms of this Collective Agreement. If introduced, such evidence shall be sufficient in and of itself to invalidate the proceedings.
22.04
An employee shall have the right to have included in his/her file(s), his/her written comments on the accuracy or the meaning of any of the contents of the non-confidential portion of his/her file(s), and to add any relevant documents to the file(s).
Material contained in the non-confidential portion of an employee's file(s) may be removed from the file(s) only by the mutual agreement of the employee and the head of the office in question.
22.05
An employee may, on written request and at his/her own expense, obtain copies of that part of his/her file(s) open to him/her.
22.06
Except as specified in this Agreement, documents and materials used by the employer in the professional assessment of an employee, and the documents and materials prepared for and used in the process of consideration for promotion or the granting of tenure/continuing appointment of an employee, shall not be made available to third parties except in the performance of their duties under this Agreement and related University documents and policies, or except at the request of the employee.
The Employer shall be entitled to use in the course of its normal academic business data contained in the curricula vitarum of employees, subject to the employee's agreement as to those portions of his/her curriculum vitae which may be so used. Employees shall, at the request of the Dean/University Librarian or designate, update and provide to the Dean/Principal/University Librarian or designate annually their curricula vitarum, which shall include a statement of current research interests.
The parties agree to establish an ad hoc Joint Committee which shall attempt to define a mutually agreeable format and procedure for the collection from faculty by the Associate Vice-President (Research) of periodic reports on current research activities.
The Joint Committee shall comprise two (2) representatives of the Association and two (2) representatives of the Employer (one of whom shall be the Associate Vice-President of Research), and shall report to the parties within three (3) months of the ratification of this Agreement.