Article VI. Drug and Alcohol Programs PDF Print E-mail
Monday, 02 July 2007
ARTICLE VI
DRUG AND ALCOHOL PROGRAMS
Section 1. Local Plans.

The drug and alcohol program now in effect in each port and
district should include the following provisions:

(a) Every test shall allow for the splitting of the sample. In a
positive test the employee would have the right to request
a retest done at another approved laboratory.
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(b) The cost of performing drug and alcohol tests will be paid
by the employer or the local employer port association.
(c) Every plan may have mandatory random testing of all
crafts. The terms and conditions of such random testing
will be determined by the local parties pursuant to
applicable law.
Section 2. Reinstatement.

The drug and alcohol program now in effect in each port and
district shall continue in effect during the term of this Master Contract.
The parties recognize that each port has a drug and alcohol policy
which provides that an employee who is found in possession of, use
of, or other dealings in narcotics, alcohol or other prohibited
substances (other than drugs which have been prescribed by a licensed
physician, and only while working under the conditions permitted
by the employer) while in the course of his employment under the
terms of any collective bargaining agreement between the ILA and
Management shall be immediately suspended from employment for
a period of sixty (60) days and, furthermore, that any second offense,
shall result in termination from employment subject to the following
rules. In those circumstances where an employee has been terminated
from the industry in accordance with any such program and has
remained drug-free for one (1) year, such individual will be eligible
for a third and final chance for reinstatement in the industry subject
to the following terms and conditions which must be determined
locally:

(a) The former employee must provide proof of successful
completion of a rehabilitation program resulting in the
individual being drug-free for the last twelve (12) months
prior to application for reinstatement.
(b) Reasonable criteria in each port or district shall be
established under which the individual shall prove the
individual’s drug-free status, including periodic testing.
(c) Application for reinstatement after the second offense must
be made within sixty (60) days from the date of termination.
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(d) Once reinstated, the individual will be subject to random
testing, and any further violation shall ban the employee
for life.
Section 3. Fresh Start After First Offense.

If after a first offense, the employee remains drug-free for a period
of three (3) years from the date of the first offense, the employee
shall be entitled to the rescission of the first offense for the purposes
of applying the reinstatement provisions set forth in Section 2 of
Article VI of this Master Contract. If the employee commits a second
offense before the employee has remained drug-free for three (3)
years after the first offense, the employee is not entitled to have the
first offense rescinded. An employee is entitled to only one (1)
rescission.
 
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