Informational and Disciplinary Letters
September 4, 2003

Attached is an updated version of the Informational and Disciplinary Letters section of the Management Guide blue pages. Please take a few minutes to read through these pages before placing them in your binder as they reflect some important changes. Be sure to remove the previous version.

Below is additional key information that you should know regarding informational and disciplinary letters. The information in this Communiqué is effective immediately.

1. Writing Letters of Information and Representation During Counseling Meetings

• Letters of information (also known as counseling memos or summaries of conversation) are not considered disciplinary nor are they grievable or arbitrable. These letters should summarize your conversations and include specific incidents and clear expectations. The tone of your counseling meeting and the letter of information should not sound like a reprimand. Again, the purpose is to provide coaching and expectations and to document your conversations.
• The following wording should not be included in letters of information, “Failure to meet these requirements will result in further disciplinary action, up to and including dismissal”. This wording will make the letter disciplinary. You may take disciplinary action when other methods such as counseling, performance appraisal, or issuance of letters of information have not been successful. In cases of serious misconduct, you may choose to proceed straight to disciplinary action. However, we recommend that you consult with Dee Palacios or Brenda Greenwood before proceeding.
• Unions and Employee Relations are not copied on letters of information.
• Employees do not have the right to representation during counseling meetings since these sessions do not lead to disciplinary action.

2. Referring to and Removal of Letters in Personnel Files

The AFSCME Service, UPTE Technical, and CUE Clerical and Allied Services contracts contain similar specific language addressing referral to and removal of informational and disciplinary letters in personnel files. PPSM is silent. We have summarized them below:

• Documents such as letters of disciplinary action or other documents concerning conduct or work performance (including attendance), counseling memoranda and/or written records of discussions shall, upon the written request of the employee, be removed from the employee’s personnel file(s) if there have been no other disciplinary actions, letters or memoranda relating to the same or similar issues for a period of two (2) years. The employee shall receive the written request and the documents back.
• Letters which would be removed (at the employee’s written request) because there are no other letters or memoranda relating to same or similar issues for a period of two (2) years will not be used or relied upon to take or support disciplinary action.

3. Limited and Student (Casual-Restricted) Employees

• We do not issue discipline letters to limited and student (casual-restricted) employees. These employees may be released at anytime at the discretion of the University without recourse to grievance and arbitration procedures. However, we encourage you to issue at least one letter of information, unless an immediate release is warranted due to serious misconduct. Supervisors may also opt to issue a second letter of information relating to the same or similar incident (i.e., attendance matters) before proceeding to a release. Consult with Dee Palacios or Brenda Greenwood before proceeding with a release of a limited or student employee.

September 4, 2003

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