RULE G & COMPANION AGREEMENT: NWD
Description: A G R E E MEN T In a joint effort to provide a safe working environment and as an alternative method of administering Rule G, IT IS AGREED: 1) If any member( s) of a crew believes that another member of a crew may be in an unsafe condition, such employe may immediately contact a Carrier officer. If the Carrier officer, upon investigation, determines there is an apparent violation If Rule G, the employe shall be removed from service. It is understood that when a removal from service takes place, transportation will be furnished back to the employe's home. 2) Once an employe has been relieved from service under 1) above, such employe must contact the Company's Employee Assistance Program Counselor on the division within five days of the removal from service. If the employe contacts the Employee Assistance Program Counselor and accepts counseling, he will be paid for the full tour of duty or trip lost (one way) as a result of his removal from service. 3) If the employe does comply with the requirements set forth in 2), and the Employe Assistance Program Counselor determines that the employe is not in need, of counseling, the employe shall be returned to service. There shall be no c1 aim progressed for any time lost as a result of the removal from service other than as provided in 2). 4) If the employe does comply with the requirements set forth in 2), and the Employee Assistance Program Counselor determines that the employe is in need of counseling, and the employe accepts counseling, the employe shall, subject to a favorable recommendation from the Employee Assistance Program Counselor, be immediately returned to service. There shall be no claim progressed for any time lost as a result of the removal from service other than as provided in 2). Rule G Agreement with UTU - C&T 2 5) If the employe does not comply with the requirements set forth in 2) or does not accept counseling as provided in 4), he must lay off and, if so desired, may request a formal investigation. Such request must be made within five days of the day removed from service. If the employe does not request an investigation and is off for more than 15 days, he must request a leave of absence. One 45-day leave of absence will be granted. If, at the end of this period, the employe still has not contacted the Employee Assistance Program Counselor, the provisions of UTU Rule 73(j) shall apply. Should the employe request a formal investigation, employe(s) who originated the action as provided in 1) will not be called as a Company witness. Signed at Portland, Oregon this 31 st day of October, 1983. For the Organization: For the Carrier:
A G R E E MEN T
The Union Pacific Rail road Company and the United Transportation Union (C&T) , jointly recognizing that safety is the paramount concern and, further, that an a1coho1- and drug-free environment is an essential element in maintaining a safe work place, agree to the following to ensure the utmost compliance with Rule G: 1. An employe who has been dismissed from service as a result of violating Rule G may elect to participate in the Rule G Rehabilitation/Education Program (Rule G R/E Program or Program), provided: b) The employe has not participated in the Rule G R/E Program for at least ten (10) years; and c) The incident giving rise to the dismissal did not involve significant rule violations other than Rule G. 2. Participation in the Rule G R/E Program shall continue for a period of 12 months unless the employe elects to withdraw from the Program or fail s to follow the course of treatment estab1 i shed by the Employe Assistance Counselor. 3. A letter, notifying the employe of the availability of the Ru1 e G R/E Program and containing a request form to be completed by the employe, shall be attached to the Notice of Dismissal. 4. The employe may elect to participate in the Rule G R/E Program by completing and returning the request form to the Carrier Officer who signed the Notice of Dismissal within 10 days of receipt of the Notice. 5. The employe must contact the Employe Assistance Counselor within three days of electing to participate in the Rule G R/E Program. 6. After being contacted, the Employe Assistance Counselor shall evaluate the employe to determine whether or not the employe may safely be returned to service and the course of treatment which the employe should follow. Prevention Program UPRR/UTU C&T 2 7. If the evaluation indicates that the employe may safely be returned to service, he or she shall be returned to service on a probationary basis, with all seniority unimpaired. Following return to service, the employe must follow the course of treatment established by the counselor during the remainder of the Program. 8. If the evaluation indicates that the employe may not safely be returned to service, he or she shall continue in the status of a dismissed employe until subsequent eva1uation(s) indicate that it is safe to return the employe to service on a probationary basis. The employe must follow the course of treatment established by the counselor while out of service and after return to service during the remainder of the Program. 9. If, at any time during the 12-month period referred to in paragraph 2 above, the employe fail s to follow the course of treatment established by the counselor, the Carrier shall remove the employe from the Program. If the employe has been returned to service, the Carrier shall, without the necessity of further disciplinary proceedings, also remove the employe from service and the employe shall revert to the status of a dismissed employe. 10. An employe may withdraw from the Rule G R/E Program at any time by notifying, in writing, the counselor and the Carrier Officer who signed the Notice of Dismissal. If the employe has been returned to service, the Carrier shall, without the necessity of further disciplinary proceedings, remove the employe from service and the employe shall revert to the status of a dismissed employe. 11. If the employe successfully completes the Rule G R/E Program, a notation to that effect shall be placed on the employe's Personal Record and the employe's probationary status shall terminate and all seniority and other rights shall be restored. Signed at Portland, Oregon this 18th day of July, 1984. For the Organization: For the Carrier: |