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of his/her disciplinary suspension or termination and will <br />reimburse the individual for the cost of the re -test. <br />An individual whose test results are verified positive will be <br />referred to the EAP by the MRO. The individual is expected to <br />attend all appointments with the EAP counselor and to follow the <br />counselor's recommendations and requirements... <br />A positive alcohol testing conducted on a breath Sample cannot be <br />re -tested. <br />All problem situations shall be resolved in accordance with <br />current guidelines and standards established by the U.S. DHHS or <br />Department of Transportation. <br />APPEALS AND PROTECTIONS <br />Employees who are subject to this policy continue to have access <br />to the usual protections provided as a part of their union <br />membership and/or as members of bargaining units covered by <br />collective bargaining agreements. Such individuals may request <br />that a union representative be available or present prior to any <br />action taken by an employer, if any, at any stage of the policy and <br />its administration. If an individual is aggrieved by any action <br />taken under this Drug and Alcohol Policy and his/her complaint <br />cannot be resolved, the complaint may, if the individual or Union <br />requests, be referred as a grievance under the grievance and <br />arbitration provisions of the individual's collective bargaining <br />agreement. In the event the matter is referred to arbitration, the <br />arbitrator shall be bound substantively by the provisions of this <br />Drug and Alcohol Policy. <br />24 <br />