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32.03 If an employee is required to submit a written report, they shall be advised of the reason <br />for such report. <br />32.04 In the event that disciplinary action is taken against a member, the member shall have the <br />right to request the presence of a FOP representative when such action is taken. <br />32.05 If all the screening and confirmatory tests are positive, the City shall require the <br />employee to participate in a rehabilitation or detoxification program, as determined by <br />appropriate medical personnel. The cost of the program will be covered b the employee's health <br />insurance plan or the employer. <br />32.06 An employee who participates in a rehabilitation or detoxification program shall be <br />allowed to use sick leave, vacation leave, or personal days for the period of the rehabilitation. If <br />no such leave credit is available, such employee may be placed on an unpaid medical leave of <br />absence. <br />32.07 Upon completion of the program and retest that demonstrates that the employee is no <br />longer illegally using a controlled substance, the employee shall be retuned to his position. Such <br />employee may be subject to periodic retesting at the Employer's discretion, upon return to his <br />position for a period of two (2) years from the date of his return. <br />32.08 Any employee in the above mentioned rehabilitation program will not lose any seniority <br />should it be necessary that he be required to take an unpaid medical leave of absence. <br />ARTICLE XXXIII GENDER AND PLURAL <br />33.01 Whenever the context so requires, the use of words herein, in the singular, shall be <br />construed to include the plural, and words in the plural, the singular, and words whether in the <br />masculine, feminine or neuter gender shall be construed to include all of said genders. By the <br />use of either the masculine or feminine genders it is understood that said use is for convenience <br />purposes only and is not to be interpreted to be discriminatory by reason of sex. <br />ARTICLE XXXIV OBLIGATION TO NEGOTIATE <br />34.01 The Employer and the FOP aclalowledge that during negotiations which preceded this <br />Agreement, each had the unlimited right and opportunity to make demands and proposals with <br />respect to any subject or matter not removed by law from the area of collective <br />bargaining/negotiations and that the understandings and agreements arrived at by the parties after <br />the exercise of that right and opportunity are set forth in this Agreement. <br />34.02 Therefore, for the life of this Agreement, the Employer and the FOP each voluntarily and. <br />unqualifiedly waives the right, and each agrees that the other shall not be obligated to negotiate <br />collectively with respect to any subject or matter referred to, or covered in this Agreement, or <br />with respect to any subject or matter not specifically referred to or covered in this Agreement, <br />even though such subjects or matters may not have been within the lalowledge or contemplation <br />of either or both of the parties at the time they negotiated and signed this Agreement. <br />22 <br />