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

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ARTICLE 35DRUG TESTINGSection 1. The Employer agrees that its specimen collection <strong>and</strong> drug testing program forbargaining unit employees occupying testing designated positions shall be conducted inaccordance with the provisions of applicable law, regulation, <strong>and</strong> Executive Order.Section 2. If additional bargaining unit positions subsequently are identified as testing designatedpositions, the Employer will provide briefings for employees occupying such positions at leastfourteen (14) days prior to implementing drug testing for those employees. The Union shall benotified of these briefings, shall be entitled to attend, <strong>and</strong> shall be entitled to speak for up to ten(10) minutes at these briefings. Bargaining unit members required by the Employer to report to adesignated collection site to provide a urine specimen shall be provided transportation to thecollection site. Travel time to the collection site <strong>and</strong> back to the employee's assigned worklocation shall be in a duty status.Section 3. When the temperature of urine specimens is taken, the Employer agrees that anytemperature measuring device used shall not contaminate the specimen.Section 4. If the individual fails to provide a specimen containing at least sixty (60) milliliters ofurine, the employee will remain at the collection site <strong>and</strong> shall be given a reasonable amount ofliquid to drink for the purpose of providing the required specimen. If after a reasonable period oftime the employee still has not provided the required amount of specimen, the Employer shalldetermine if that collection process shall be terminated for that day.Section 5. An employee with a positive drug test result shall be entitled to union representationupon request at any meeting between the employee <strong>and</strong> management representatives concerningthe positive test result. The Employer will advise the employee of this right.Section 6. The Employer shall provide access to its Employee Assistance Program to anyemployee with a positive test result who desires rehabilitation assistance.Section 7. The Employer may test a bargaining unit employee when there is a reasonablesuspicion that the employee uses illegal drugs. Upon the request of the employee who has beentested, the Employer shall provide a detailed written explanation of the reason for requiring suchtest.Section 8. If the Employer has reason to believe that a particular individual may alter orsubstitute a urine specimen, a second specimen shall be obtained from the employee as soon aspossible under the direct observation of a same gender collection site representative. Upon therequest of the employee who has been required to provide a second specimen under directobservation, the Employer shall provide a detailed written statement of the reason for this action.72

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