| Article VI. Drug and Alcohol Programs |
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ARTICLE VI DRUG AND ALCOHOL PROGRAMS Section 1. Local Plans. The drug and alcohol program now in effect in each port and district should include the following provisions: (a) Every test shall allow for the splitting of the sample. In a positive test the employee would have the right to request a retest done at another approved laboratory. 7 (b) The cost of performing drug and alcohol tests will be paid by the employer or the local employer port association. (c) Every plan may have mandatory random testing of all crafts. The terms and conditions of such random testing will be determined by the local parties pursuant to applicable law. Section 2. Reinstatement. The drug and alcohol program now in effect in each port and district shall continue in effect during the term of this Master Contract. The parties recognize that each port has a drug and alcohol policy which provides that an employee who is found in possession of, use of, or other dealings in narcotics, alcohol or other prohibited substances (other than drugs which have been prescribed by a licensed physician, and only while working under the conditions permitted by the employer) while in the course of his employment under the terms of any collective bargaining agreement between the ILA and Management shall be immediately suspended from employment for a period of sixty (60) days and, furthermore, that any second offense, shall result in termination from employment subject to the following rules. In those circumstances where an employee has been terminated from the industry in accordance with any such program and has remained drug-free for one (1) year, such individual will be eligible for a third and final chance for reinstatement in the industry subject to the following terms and conditions which must be determined locally: (a) The former employee must provide proof of successful completion of a rehabilitation program resulting in the individual being drug-free for the last twelve (12) months prior to application for reinstatement. (b) Reasonable criteria in each port or district shall be established under which the individual shall prove the individual’s drug-free status, including periodic testing. (c) Application for reinstatement after the second offense must be made within sixty (60) days from the date of termination. 8 (d) Once reinstated, the individual will be subject to random testing, and any further violation shall ban the employee for life. Section 3. Fresh Start After First Offense. If after a first offense, the employee remains drug-free for a period of three (3) years from the date of the first offense, the employee shall be entitled to the rescission of the first offense for the purposes of applying the reinstatement provisions set forth in Section 2 of Article VI of this Master Contract. If the employee commits a second offense before the employee has remained drug-free for three (3) years after the first offense, the employee is not entitled to have the first offense rescinded. An employee is entitled to only one (1) rescission. |