Uniform Testing Procedure. In cases in which an employee is acting in an abnormal manner and a supervisor has probable suspicion to believe that the employee is under the influence of controlled substances, the Employer may require the employee (in the presence of a Union Shop Xxxxxxx, if possible) to go to a medical clinic to provide urine and/or blood specimens for laboratory testing. The Supervisor must have received training in the signs of drug intoxication in a prescribed training program which is endorsed by the Employer. Probable suspicion means suspicion based on specific personal observations that the Employer representative can describe concerning the appearance, behavior, speech or breath odor of the employee. The Supervisor must make a written statement of these observations within twenty-four (24) hours. A copy must be provided to the Shop Xxxxxxx or other Union official after the employee is discharged. Suspicion is not probable and thus not a basis for testing if it is based solely on third party observation and reports. If requested, the employee shall sign a consent form authorizing the clinic to withdraw a specimen of blood and/or urine and release the results of the laboratory testing to his Employer, but shall not be required to waive any claim or cause of action under the law. A refusal to provide either specimen shall constitute a presumption of intoxication and the employee shall be subject to discharge without the receipt of a prior warning letter. In some cases, the employee may be unable to provide a urine specimen. After a reasonable waiting period (not to exceed one (1) hour), the Employer may terminate the procedure and proceed with laboratory testing based upon blood specimens alone. Contractual time limits for disciplinary action, as set forth in this Agreement shall begin on the day on which specimens are drawn. In the event the Employer alleges only that the employee is intoxicated on alcohol a clinically recognized breathalyzer test for determining alcohol intoxication shall apply. In the event the Employer is unable to determine whether the abnormal behavior is due to drugs or alcohol, the drug testing procedure contained herein shall be used. If the laboratory results are not known prior to the expiration of the contractual time period for disciplinary action, the cause for disciplinary action shall specify that the basis for such disciplinary action is for alcohol and/or drug intoxication.
