Storing disciplinary documents

Here's a question about storing verbal warnings... An agreement with the union said they can't be counted in the progressive discipline process, therefore, we can't put them in the personnel file. However, I don't want managers keeping a secret desk drawer stash. There seems a general consensus amongst HR folk that the private desk drawer file doesn't fly. Is there a written rule (like I9's) or is it just bad judgement to stick those where anybody can find sensitive documents?

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  • By the way, there's no written regulation about where I-9s should be filed either. I don't know your contract, but the contract cannot influence if or where you file disciplinary records. I've never heard of a record of a verbal not being able to be used, but in any event, they should never be retained in a desk drawer or supervisor's file. I don't necessarily agree with your conclusion that 'therefore we can't put them in the personnel file'. I'd resist that notion. A union cannot dictate to management how they organize their personnel office records unless someone was asleep at the wheel during negotiations. If you conclude that you should not file them there, at least keep them in a separate drawer in HR. The only reason to file anything is so that it can be retrieved later.

    The larger question is why would the company agree that verbals cannot be used in future discipline? Seems that's what you've done. If they cannot be documented and used in the escalation of the disciplinary process, what in the world could the value of a verbal be?
  • That is really the issue, verbals have an important place in the progressive discipline world. To my way of thinking, a verbal is a step above "coaching" or taking advantage of training opportunities. If I have to ignore verbals, I am going to jump everything up to the write-up level. This provision about verbal warnings would end up working in the union's disfavor.
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