ARTICLE 39

EMPLOYEE ASSISTANCE PROGRAM

The Employer shall maintain an Employee Assistance Program (EAP) which meets the requirements and guidelines of applicable laws and regulations. The Parties recognize that alcohol and drug-related problems, drug dependence, mental illness, post traumatic stress disorder, and substance abuse as illnesses may impair work performance and conduct. Employees affected by these problems shall receive the same careful consideration and respect as Employees who have other illnesses and shall be given appropriate opportunities to participate in the EAP. EAP advisors are available to Employees for short-term counseling, and to make referrals for longer-term assistance as necessary.

The Parties acknowledge that the Employee has the primary responsibility for maintaining acceptable performance and conduct and for taking necessary actions to maintain or correct performance and/or behaviors. It is the Employer’s policy to try to rehabilitate Employees with personal problems which adversely affect conduct and performance. To that end, Employees should be given appropriate opportunities and time to deal with their problems through the EAP. The Employer agrees to consider the recommendations of the EAP advisor or source of treatment to which Employee was referred when establishing time periods expected for rehabilitation. For those who do, further discipline or adverse action will be based upon a consideration of the Employee’s entire work record, including the length of satisfactory service subsequent to rehabilitative efforts.

The Employee’s right to privacy and the confidentiality of records related to participation will be maintained. However, in certain circumstances such as threats to other Employees, the EAP advisor reserves the right to reveal information as deemed necessary.

Information concerning the EAP may be obtained from the servicing personnel office. Employees may also obtain information concerning the EAP from the Union.