UCPEA Interview Protocols

Please be attentive to the contractual obligation to interview qualified candidates who self-identify as members of the UCPEA bargaining unit.  Article 26 of the collective bargaining agreement states that "an UCPEA applicant for a bargaining unit position who meets the stated minimum qualifications and identifies him/herself as a member of the unit on his/her vita shall be granted an interview" (emphasis added).

We are also obligated, and it's good business practice, to explain the reason for rejection or status of an application.  The contract goes on to state in Article 26.2 that "an employee upon request shall be given (emphasis added) the status of her/his application or the reason he/she was rejected for a position."  The article ends with the statement that "in no case shall the failure to obtain the position or a disagreement with the reasons for being rejected be grievable or arbitrable under this agreement."  Thus, the ability to select the absolutely best candidate in each search is unrestricted, but there are procedural obligations as noted above, which must be observed.

Please note also that our ability to obtain information about current employees is restricted under the provisions of article 19.3  This states "No negative judgments which have not been discussed with the employee, nor any materials which are not contained in the complete personnel file, may be used in any promotion or disciplinary action."

This reminder is prompted by an arbitrarion award based on a case with facts as follows: during an open search, a hiring manager received unsolicited negative information about an internal candidate who was subsequently rejected for the position.  The unsolicited informaton came as complaints from individuals who thought that the candidate worked for this manager, although he did not.  The manager did not discuss the complaints with the employee since he was not his supervisor.  The arbitrator concluded that "the complaints were...one of many reasons the employee was not awarded the position" and went on to say that was a violation of Article 19.3.

If you have questions about these issues, please contact Jay Hickey at (860) 486-5684 or by e-mail to: jay.hickey@uconn.edu.