eZone   AFSCME Local 328
 4006 Barbur Blvd, Portland, OR 97239

Frequently Asked Questions - Discipline - already issued

Can an AFSCME employee on discipline apply for an unclassified position? How about another AFSCME position?

Yes and Yes.

An employee who has been disciplined can still apply for other jobs within OHSU. The new potential employer has the right to check the employees personnel file and will see any record of discipline that is still in the file. That may influence their decision. According to the new contract, most verbal and written reprimands will be removed from the file upon the employees request if the discipline is two years old.

from the contract -

6.8.5    Removal of materials.  Except as provided below, materials reflecting written disciplinary action shall be removed from an employee’s personnel file after two (2) years, upon written request of the employee to Human Resources, provided there have been no further disciplinary events of any kind during the two-year period.  Materials may be removed earlier upon mutual agreement of the manager and the employee.  If the employee has not requested removal and there have been no further disciplinary events during the two (2) year period, then the Employer will not consider the disciplinary action for purposes of progressing discipline.  These provisions shall not apply to disciplinary action of a written warning or higher for theft, willful misrepresentation, conduct threatening or endangering the safety of others in the workplace, or discrimination, harassment or assault/violence (as defined by law) against another person.

I was hired in November, so I believe I'm still in a six-month evaluation period. What are my rights and responsibilities in terms of layoff or discipline? Thanks!

You have the right to be represented and file grievances if you are disciplined. A probationary employee does not have layoff rights.

 Per Afscme contact Article 20 -Evaluation Period. Below are sections which relate directly to your questions. Read the whole article for more informaiton.

20.1     Probationary Period.  All new employees, including flex staff and relief employees, shall serve a Probationary Period of six (6) months.  The Probationary Period shall begin on the first day of employment with the Employer.