2018-084 Resolution - Laserfiche WebLink

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ARTICLE; XXXII DRUG'TESTING WITH BWC 32.01 For the purpose of implementing the provisions of this article, each bargaining unit member shall execute medical releases in order for the City to obtain the results of the examinations/drug screen testing provided for in this Article and the City's Drug "Testing Procedures per the City of North Olmsted Drug Free Workplace Policy. 32.02 The drug testing policy shall be the drug free workplace plans established by the Bureau of Workers' Compensation (BWC). It is further agreed to by the POP and the Employer that only BWC Level 3 Drug Free Workplace Policy will be implemented by the parties, with random drug testing. 32.03 If an employee is required to submit a written report, they shall be advised of the reason for such report. 32.04 In the event that disciplinary action is taken against a member, the member shall have the right to request the presence of a FOP representative when such action is taken. 32.05 If all screening and confirmatory tests are positive regarding the use of non -felonious drugs, the City shall require the employee to participate in a rehabilitation or detoxification program as determined by appropriate medical personnel. This provision shall apply to only the first incident of positive testing of or the use of non -felonious drugs. Any employee testing positive for the use of non -felonious drugs the second time and any employee testing positive for and/or the use of felonious drugs may be subject to disciplinary action up to termination at the Employer's discretion without any rehabilitation program. 32.06 An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, or personal days for the period of the rehabilitation. If no such leave credit is available, such employee may be placed on an Unpaid medical leave of absence. 32.07 Upon completion of the program and retest that demonstrates that the employee is no longer illegally using a controlled substance, the employee shall be retuned to his position, Such employee may be subject to periodic retesting at the Employer's discretion, upon return to his position for a period of two (2) years from the date of his return. 32.08 Any employee in the above mentioned rehabilitation program will not lose any seniority should it be necessary that he be required to take an unpaid medical leave of absence. ARTICLE XXXIII GENDER AND PLURAL, 33.01 Whenever the context so requires, the use of words herein, in the singular, shall be construed to include the plural, and words in the plural, the singular, and words whether in the masculine, feminine or neuter gender shall be construed to include all of said genders. By the use of either the masculine or feminine genders it is understood that said use is for convenience purposes only and is not to be interpreted to be discriminatory by reason of sex. 23