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