The answer is a little more complicated than you would expect. First, let's take some generalities. You need the record to make a proper presentation at the grievance hearing. The employer is the gatekeeper to this information and may try to withhold it. As far as the company is concerned, it is their record and they believe you have no right to see it. Or they may feel that they want to keep you in the dark as long as they can. This is usually the reasoning of an inexperienced and insecure manager. It shows poor judgment on their part and may, in fact, be illegal.

Your best approach to acquiring personnel information is a direct one. You need to make a formal request either orally or in writing. In some cases, you may need a release from the grievant as well. This procedure works best when you have the force of law or the contract behind you.

Private sector locals that are covered by the National Labor Relations Act (a private bus company or a gas utility, for example) have the greatest protection. Your rights to information are enforceable through the Act.

You should make a specific request for whatever relevant records are required. For example, you can request the personnel record of the affected individual along with records other individuals who have been disciplined for the same offense. You are not, however entitled to go on what may be termed a “fishing expedition” for information. And be prepared for the employer to withhold records of other employees by claiming those records contain confidential information. Oftentimes, the inclusion of sickness or injury reports in the personnel folder may be the reason for the employer to hide behind the excuse of confidentiality. To counter this, in your request for information, you can allow the company to block out medical references in the record.

Public employers may be under similar requirements for information release and stewards enforcing public sector contracts may be entitled to view employee records for grievance purposes. Some state laws guarantee the right of all workers to see their work records. You need to know your contract, local law and any applicable state statutes. Consult your local union for further information.

Some TWU collective bargaining agreements also have language covering access to records. Access to records may also be implied from contract clauses giving the union the right to access to the property to investigate grievances.

Airline and railroad stewards
For those locals under the Railway Labor Act, the force of law is not so strong. A denial to the steward of his/her request for information is seen as a grievable issue under the Act. So you end up filing another grievance because the employer denies you access to records. This is not as hopeless as it appears.

The company has to share the record with the union at some point, usually once the grievance gets off the property. In some cases, higher ups in labor relations do not want the appearance of impropriety over record sharing reaching their desks. And they don't want to go before an arbitrator when the union complains that the company has been withholding basic vital information that it needs to process the grievance.

So for stewards under the Railway Labor Act, the bottom line is to convince your first and second level counterparts that it is in their interest to share information now before their higher ups and an arbitrator hears that you have been denied access to the records. Once this mechanism for viewing records is set up, use it so that it becomes a regular part of grievance handling.

Lastly, there may be relevant contract language and/or state statute that gives the member right to view his/her personnel file. Go with them to personnel so you can view the record with them. Or have the member copy or photocopy the record.

The bottom line is to break the employer mentality that they control the grievance process by acting as gatekeeper to basic information.

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