Common use of - Psychological Evaluations; Reasonable Basis; Appeals Clause in Contracts

- Psychological Evaluations; Reasonable Basis; Appeals. No psychological evaluations shall be required in the absence of a recommendation by the MPRB's examining physician or other licensed medical provider who has a reasonable basis for requiring the psychological evaluation. The MPRB shall inform the employee of such reasonable basis at the time he/she is ordered to report for the required psychological examination unless the examining physician or other licensed medical provider documents with reasonable specificity that disclosure of the information in the report is likely to cause harm to the employee or to others. In such cases, the information shall be handled and/or disclosed in a manner consistent with prevailing medical and/or legal authority. If the employee disagrees that a reasonable basis exists for the required psychological evaluation, the employee may file a grievance contesting the requirement that he/she submit to the examination. In such event, the employee shall not be required to report for the psychological evaluation until the grievance has been resolved under the expedited arbitration procedures of the Collective Bargaining Agreement. The MPRB may relieve the employee from duty without pay or reassign the employee to other duties during the pendency of the grievance resolution proceedings but shall not discipline or discharge the employee for refusing to submit to the psychological evaluation unless the employee refuses to undergo psychological evaluation after an arbitrator has determined, or the MPRB and the Federation agree, that a reasonable basis for the requirement exists. If an employee is relieved without pay, he/she may use available benefits in order to continue in paid status. If an employee is relieved without pay and it is subsequently determined that the MPRB lacked a reasonable basis to require a psychological evaluation, the MPRB shall make the employee whole by paying the employee for lost work days and/or restoring his/her benefit banks.

- Psychological Evaluations; Reasonable Basis; Appeals. No psychological evaluations shall be required in the absence of a recommendation by the MPRBDepartment's examining physician or other licensed medical provider who has a reasonable basis for requiring the psychological evaluation. The MPRB If able the Department and/or Department’s examining physician shall inform the employee of such reasonable basis at the time he/she is ordered to report for the required psychological examination unless the examining physician or other licensed medical provider documents with reasonable specificity that disclosure of the information in the report is likely to cause harm to the employee or to others. In such cases, the information shall be handled and/or disclosed in a manner consistent with prevailing medical and/or legal authority. If the employee disagrees disputes the accuracy or legitimacy of the facts upon which the Department’s examining physician or other licensed medical provider has relied on concluding that a reasonable basis exists for the required psychological evaluation, the employee may file a grievance contesting the requirement that he/she submit to the examination. In such event, the employee shall not be required to report for the psychological evaluation until the grievance has been resolved under the expedited arbitration procedures of the Collective Bargaining Agreement. The MPRB arbitrator’s authority shall be limited to making findings of fact with regard to the disputed facts underlying the reasonable basis. The arbitrator does not have the authority to overturn the medical opinion of the examining physician or other licensed medical provider. The Department may relieve the employee from duty without pay or reassign the employee to other duties during the pendency of the grievance resolution proceedings but shall not discipline or discharge the employee for refusing to submit to the psychological evaluation unless the employee refuses to undergo psychological evaluation after an arbitrator has determined, or the MPRB Department and the Federation agree, that a reasonable as to the accuracy or legitimacy of the underlying factual basis for the requirement existsreferral. If an employee is relieved without pay, he/she may use available benefits in order to continue in paid status. If an employee is relieved without pay and it is subsequently determined that the MPRB Department lacked a reasonable basis to require a psychological evaluation, the MPRB Department shall make the employee whole by paying the employee for lost work days and/or restoring his/her benefit banks.

- Psychological Evaluations; Reasonable Basis; Appeals. No psychological evaluations shall be required as a result of a Health Care Professional’s evaluation of an employee’s physical fitness for duty pursuant to Section 31.02, paragraph (b) or (c), in the absence of a recommendation by the MPRBDepartment's examining physician or other licensed medical provider who has a reasonable basis for requiring the psychological evaluation. The MPRB If able the Department and/or Department’s examining physician shall inform the employee of such reasonable basis at the time he/she is they are ordered to report for the required psychological examination unless the examining physician or other licensed medical provider documents with reasonable specificity that disclosure of the information in the report is likely to cause harm to the employee or to others. In such cases, the information shall be handled and/or disclosed in a manner consistent with prevailing medical and/or legal authority. *** If the employee disagrees disputes the accuracy or legitimacy of the facts upon which the Department’s examining physician or other licensed medical provider has relied on concluding that a reasonable basis exists for the required psychological evaluation, the employee may file a grievance contesting the requirement that he/she they submit to the examination. In such event, the employee shall not be required to report for the psychological evaluation until the grievance has been resolved under the expedited arbitration procedures of the Collective Bargaining Agreement. The MPRB arbitrator’s authority shall be limited to making findings of fact with regard to the disputed facts underlying the reasonable basis. The arbitrator does not have the authority to overturn the medical opinion of the examining physician or other licensed medical provider. The Department may relieve the employee from duty without pay or reassign the employee to other duties during the pendency of the grievance resolution proceedings but shall not discipline or discharge the employee for refusing to submit to the psychological evaluation unless the employee refuses to undergo psychological evaluation after an arbitrator has determined, or the MPRB Department and the Federation agree, that a reasonable as to the accuracy or legitimacy of the underlying factual basis for the requirement existsreferral. If an employee is relieved without pay, he/she they may use available benefits in order to continue in paid status. If an employee is relieved without pay and it is subsequently determined that the MPRB Department lacked a reasonable basis to require a psychological evaluation, the MPRB Department shall make the employee whole by paying the employee for lost work days and/or restoring his/her their benefit banks.