Union Access to Information in Non-Selection Cases

DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Employee Relations
Telephone (207) 287-4447
FAX (207) 287-4452 TDD (207) 287-4537

No.: OSER-39

Date: March 18, 1988

Subject: Union Access to Information in Non-Selection Cases

To: All Holders of Employee Relations Manuals

From: Kenneth A. Walo, Director

This policy is established to clarify and make uniform the State's policy on the production of documents in non-selection cases, and should be followed in all such cases.

The following documents should be released to the Union in non-selection grievances when the specific documents or "all relevant documents" are requested after a grievance has been filed.

Noncompetitive Selections

job descriptions, class specifications, established performance standards, task statements, job posting, career opportunity bulletin or other advertisement of the position;

an employee roster of applicants denoting name, date of initial hire, sex, job title and seniority;

application materials of grievants and selected applicant only, including applications and resumes;

any departmental administrative bulletin detailing the mechanics of the hiring process, any instructions to applicants or interviewers, or any evaluation mechanisms if in documented form;

IMPORTANT BULLETIN - TO BE RETAINED IN EMPLOYEE RELATIONS MANUAL

5) names of selection panel members with their respective job titles and business phone numbers;

6) all documents containing questions asked applicants by agency interviewers;

7) any notes taken by interviewers at interviews for grievant(s) and selected applicant only;
8) rating score sheets for grievant(s) and selected applicant only;

9) final scores or ranking for all applicants;
10) performance appraisals (only if relied on in making hiring decision) for grievant(s) and selected applicant only;

11) any other nonconfidential records relied upon in decision process such as:

motor vehicle records
equipment operations records
safety records
criminal records check
seniority list

Competitive Selections

job descriptions, class specifications, established performance standards, task statements, job posting, career opportunity bulletin, or other advertisement of the position;
certification of eligibles for the position;
applicants (without T&E) and resume of grievant(s) and selected applicant;
any departmental administrative bulletin detailing the mechanisms of the hiring process, any instructions to applicants/interviewers, or any evaluation mechanisms, if in documented form;
names of selection panel members with their respective job titles and business telephone numbers;
all documents containing questions asked applicants by agency interviewers;
any notes taken by interviewers at interviews for grievants and selected applicant only;
rating score sheets for grievant(s) and selected applicant only;
final scores or ranking for all applicants;
performance appraisals (only if relied on in making hiring decision) for grievant(s) and selected applicant only;
any other nonconfidential records relied on in decision process, such as:
motor vehicle records
equipment operations records
safety records
criminal records check
seniority list

If the grievance is appealed to the Bureau of Employee Relations, a copy of the documents should also be provided to the hearing officer at the hearing.

For both competitive and noncompetitive positions, applications, resumes, interview notes, scores, and performance appraisals of nonselected applicants other than the grievants may be supplied to the union only if the union provides a written release signed by the applicant whose application or other materials are requested. References given in confidence may not be released without the written consent of the applicant referred and the person who provided the reference. If you are in doubt as to the relevance or confidentiality of any of these documents, please contact the Bureau of Employee Relations.

Exams of any kind given by the Bureau of Human Resources, including Training and Experience evaluations, are confidential and should not be released under any circumstances. The reason for this is to protect the integrity of exam process.

Bear in mind that the Unions are entitled to request copies of all relevant records, documents, and other materials unless they are confidential. Note that this right does not extend to requests to the agency for written answers to questions propounded by the Union -- but, if there is a pre-existing document which would answer these questions, please furnish the Union with a copy.

/bg

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