(An objective reasonable basis would include, but not be limited to, slurred speech, unsteady gait,
glazed eyes, dilated pupils, odor of alcohol, and/or erratic behavior.) Such observation will be
confirmed by another member of management wherever possible.
D. Any employee directed for testing shall be entitled to request the presence of a Union
representative in pre-test meetings with management. Provided a Union representative has been
requested, no specimen will be collected until the Union representative can discuss the matter with
management and/or the employee. The Union agrees that the procedures described in Paragraph C
and D shall not operate in a manner that will impede timely collection of a biological specimen.
Refusal to provide a biological specimen will result in immediate discharge without an opportunity
at a later date to reconsider/retract the refusal.
E. Any employee who tests negative to any drug test under this Agreement (other than random
tests as a follow-up to rehabilitation) shall be compensated for any scheduled hours lost, at the
appropriate wage rate. Hours lost under such circumstances shall be treated as time worked for
purposes of overtime premium eligibility.
F. Specimen collection for a drug test will be accomplished in a manner compatible with
employee dignity and privacy. Specimen collection shall be accomplished at the laboratory facilities
designated by the Employer. There will be no strip searches or opposite sex observation. In the
usual case, the Employer will not observe specimen production, but the Union agrees that specimen
production may be closely monitored in those cases where the Employer has an objective reason to
believe that the employee may attempt to contaminate a test specimen.
G. Test specimens shall be sent only to Laboratory facilities certified by an appropriate federal
or state agency. If a dispute should arise over the selection of drug test Laboratories, such dispute
shall be subject to the grievance and arbitration procedure. The Laboratory(s) selected must, upon
request, identify the drugs tested for, the methods used, the manufacturers of the test, the analytical
limits and levels used, the methods of reporting results and the chain of custody procedures used to
produce forensically acceptable test results. To be qualified under this section, the laboratory must
participate in a program of "blind proficiency" testing where they analyze samples sent by an
independent party. The laboratory(s) selected will make such results available to an authorized
representative of the Employer and the affected employee. At the employee's request, the Manager
of Labor Relations, will report test results to the Union Business Manager. All samples will be
tested twice. The first test may be a screening test, but positive screen test results may be confirmed
by the Gas Chromatography/Mass Spectrometry (GC/MS) or an equivalent scientifically accepted
method of confirmation. All final positive tests results will be reviewed by a toxicologist or a
physician prior to release and only confirmed results will be reported to the employer.
H. The standard drug test thresholds for positive screen and GC/MS confirmation tests shall be
the same as those called out in the Federal Register, and may be modified whenever changed by the
Department of Health and Human Services as advances in technology or other considerations
warrant identification of these substances at other concentrations.