TABLE OF CONTENTS Article Subject Page 1 Preamble and ...

ARTICLE 26EMPLOYEE ASSISTANCE PROGRAMSection 1. The Employer agrees to conduct its Employee Assistance Program in accordance withthe requirements of applicable laws and regulations.Section 2. The Employer and the Union both recognize alcoholism and drug abuse as illnesseswhich are treatable, and both agree that employees with these problems will be offered assistanceto overcome them through the Employee Assistance Program. The parties also recognize thatmedical or behavioral problems of an employee and/or members of his/her immediate family,including alcoholism and drug abuse, can interfere with an employee's job performance,attendance, or conduct. Employees with these illnesses shall receive the same carefulconsideration and respect as employees who have other illnesses. It is also recognized that it is inthe best interests of both the Employer and the Union to assist bargaining unit employees inrecovering from these illnesses. The Union therefore agrees to support the Employee AssistanceProgram of the Employer.Section 3. Participation by bargaining unit employees in all aspects of the Employee AssistanceProgram is voluntary. No unit employee will have his/her job security or promotionalopportunities jeopardized by his/her request for counseling or referral assistance, except as may belimited by applicable law. The confidential nature of records of unit employees enrolled in theEmployee Assistance Program will be preserved in the same manner as medical records. Theserecords will not become part of the employee's Official Personnel Folder.Section 4. The Employer is concerned with the accomplishment of agency missions and theessential need to maintain employee productivity and has no interest in employee's private lives.However, the Employer and the Union agree that when alcohol or drug abuse or other personalproblems of the employee interfere with the efficient and safe performance of the employee'sassigned duties, reduce dependability, or result in unacceptable conduct, this becomes thelegitimate concern of the Employer.Section 5. The Employee Assistance Program has been established by the Employer to providenon-disciplinary procedures by which an employee with alcohol or other drug problems, orpersonal difficulties is offered counseling, referral, and rehabilitation assistance in order to returnhis/her job performance, attendance, or conduct to acceptable levels. However, the parties agreethat continued unsatisfactory work performance, attendance, or conduct related to theseproblems, in cases where the employee refuses rehabilitation assistance, or fails to achievesatisfactory results in rehabilitation, will result in the Employer taking corrective action inaccordance with law and applicable regulations.Section 6. Supervisors of bargaining unit employees will be alert to any deterioration in theperformance, attendance, or conduct of assigned employees, and will document specific instances57