15.1 Personnel Files
All bargaining unit employees shall have access to the material in their official personnel files. Such access shall be during normal personnel office work hours and shall not be unreasonably denied. The employee may be required to obtain from the supervisor approval of the specific time for such access. The employee’s PECG representative shall have access to the personnel file either by accompanying the employee or by presenting a written authorization from the employee. The authorization shall cover only the period of time specified by the employee. Files shall not be removed from the personnel office without management approval. The employee or his/her PECG representative shall be allowed a copy of the material in the personnel file. Materials relating to an employee’s performance included in the personnel file shall be retained for a period of time specified by each department, except all materials of a negative nature shall be purged after three years by personnel office employees accessing the file for any reason. The act of removing dated negative material shall be accomplished in a manner which is not apparent to anyone but other employees of the personnel office.
The employee shall have a right to insert in his/her file reasonable supplementary material and a written response to any items in the file. Such response shall remain attached to the material it supplements for as long as the material remains in the file.
15.2 Appeal of Involuntary Transfer
- The State shall make reasonable efforts to avoid involuntary transfers.
- The State shall provide a minimum of sixty (60) days written notice for an involuntary transfer which reasonably requires an employee to change his/her residence.
- An involuntary transfer which reasonably requires an employee to change his/her residence may be grieved under Section 12.2 a. only if the employee believes it was made for the purpose of harassing or disciplining the employee. If the appointing authority or the Department of Human Resources disapproves the transfer, the employee shall be returned to his or her former position; shall be paid the regular travel allowance for the period of time he/she was away from his/her original headquarters; and his/her moving costs both from and back to the original headquarters shall be paid in accordance with the Department of Human Resources law and rules.
- An appeal of an involuntary transfer which does not reasonably require an employee to change his/her residence shall not be subject to the grievance and arbitration procedure. It shall be subject to the complaint procedure if the employee believes it was made for the purpose of harassing or disciplining the employee.
15.4 Hardship Transfer
The State and PECG recognize the importance of hardship transfers as a way of dealing with work and family issues. An employee experiencing a verifiable hardship, including but not limited to domestic violence; mandatory job transfer of a spouse or domestic partner; or family illness, injury, death, serious health condition, or other important consideration; may request a transfer to another geographic area to mitigate the hardship.
The State shall endeavor to reassign the employee to a comparable or lesser (if comparable is not available) position in the requested geographic area. If the employee accepts the position of a lower paid classification, the State shall endeavor to reinstate the employee to his/her former classification and comparable salary level. Reasons for the inability to grant the transfer shall be provided in writing.
Transfers under this section shall be considered voluntary and any associated relocation costs shall be subject to the applicable CalHR laws and rules.
The parties agree that disputes under this section are grievable through Step 4 (CalHR) and are not arbitrable.