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BARGAINING UNIT 6 CORRECTIONS - California Correctional ...

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A. Records, Confidentiality<br />

b. For positive results, interview the affected employee to<br />

determine if factors other than illegal drug use may have<br />

caused the result.<br />

c. Consider any assertions by the affected employee of<br />

irregularities in the sample collection and testing process.<br />

d. Based on the above, provide a written explanation of the<br />

test results to the Appointing Authority or his/her designee.<br />

The employee shall also receive a copy of this explanation.<br />

1. The State shall maintain records of the results of any employee testing<br />

under this Article. These records, and any other information pertaining to<br />

an employee's drug or alcohol test, shall be considered confidential and<br />

shall be released only to:<br />

a. The employee who was tested or other individuals<br />

designated in writing by that employee.<br />

b. The Appointing Authority's Medical Review Officer.<br />

b. The State Department of Personnel Administration, as needed, for the effective<br />

administration of the Article.<br />

c. Individuals who need the records or information to:<br />

1. Properly supervise or assign the employee.<br />

2. Determine, or assist in determining, what<br />

action the Appointing Authority should take<br />

in response to the test results.<br />

3. Respond to appeals or litigation arising from<br />

the drug test or related actions.<br />

A. If Section 5.02 applies to this section, then the provisions of Section 5.02 shall<br />

apply or the parties may renegotiate minor discipline.<br />

9.15 Disciplinary Process<br />

A. No State official or employee shall impose or threaten to impose reprisals on<br />

employees, discriminate or threaten to discriminate against employees, or<br />

otherwise interfere or threaten to interfere with employees, restrain or threaten to<br />

restrain employees, or coerce or threaten to coerce employees because of their<br />

exercise of their appeal rights to the SPB or its authorized representative or for<br />

appearing as a witness before the SPB or its authorized representative.<br />

B. Upon request from CCPOA legal staff, the State will allow the CCPOA Chapter<br />

President or Job Steward a reasonable amount of State time to be released from<br />

his/her assignment to attend an SPB hearing to assist CCPOA legal staff on<br />

technical issues when the hearing is held at the institution.

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