Arrest for Drugs. Any employee that is arrested for the possession, use, distribution, or manufacture of illegal drugs or any controlled substance not prescribed by a licensed physician and taken in accordance with such prescription shall be placed on paid administrative leave which shall commence upon the employee’s exhaustion of his vacation time, compensatory time, and personal leave. If the employee is convicted, enters into treatment in lieu of conviction, or pleads guilty regarding the possession, use, distribution, or manufacture of illegal drugs or any controlled substance not prescribed by a licensed physician and taken in accordance with such prescription shall be terminated. If the employee is found to be not guilty of the criminal charges described in this section, the employee shall be reimbursed all vacation, persona, and compensatory time exhausted per the above. However, the Employer may discipline the employee for any other policy and/or work rule violations that may have occurred. Nothing within this section shall be construed as a waiver of any rights to appeal in accordance with Article 6 herein; however, an arbitrator shall be limited to determining whether the conviction, guilty plea, or entrance into treatment in lieu of conviction occurred and if so, shall be without any power to modify the termination.
