Common use of Second Positive Clause in Contracts

Second Positive. If an employee has a first confirmed positive test under the previous paragraph 1 and enters a treatment program, and thereafter that employee has a subsequent confirmed positive test as a result of periodic unannounced random or reasonable suspicion drug and/or alcohol screening, the employee shall receive a 30 day disciplinary suspension and shall be required to continue in treatment and comply with the other conditions of treatment set forth in the preceding paragraph. The length of the 30 day disciplinary suspension shall be final and binding on the Union and the employee, and the level of discipline shall not be subject to the grievance procedure. Effective 1/01/06, a second confirmed positive test shall result in the employee's discharge, which discharge shall be final and binding on the Union and the employee and the penalty shall not be subject to the grievance procedure in the collective bargaining agreement.