Section 21 - Alcohol and Drug Testing

SECTION 21

ALCOHOL AND DRUG TESTING

21.A. ALCOHOL AND DRUG TESTING PROCEDURES

All Flight Attendants are subject to testing for alcohol and drugs in accordance with FAA/DOT regulations and Company policy. The Company shall maintain compliance with all DOT and other government rules, regulations and statutes applicable to alcohol and drug testing. If any provision in this Section conflicts with such rules, regulations and statutes, the governmental requirements shall prevail.

21.A.1. TYPES OF TESTING

21.A.1.a.

Flight Attendants are subject to the following alcohol and drug testing under FAA/DOT regulations:

21.A.1.a.(1).

Random

21.A.1.a.(2).

Reasonable Cause/Reasonable Suspicion

21.A.1.a.(3).

Post-Accident 

21.A.1.a.(4).

Return to Duty

21.A.1.a.(5).

Follow Up

21.A.1.a.(6).

Pre-Employment/Post Offer

21.A.1.b.

Flight Attendants are subject to alcohol and drug testing under Company policy in the circumstances listed below and shall only be tested for alcohol misuse or the illegal use of drugs. The Company may test for drugs or metabolites in addition to those for which it is testing under the policy as of July 12, 2013, but will not do so without providing prior notice and opportunity for the Union to meet and confer regarding such changes. The Company will not add additional drugs or metabolites to its testing for Flight Attendants unless they are added for all Company employees covered by the policy. The Company shall not impose alternate protocols or methodologies outside of those employed for FAA/DOT testing.

21.A.1.b.(1).

Reasonable Cause/Reasonable Suspicion – as determined by contemporaneous articulable observations concerning the appearance, behavior, speech or body odors of the Flight Attendant.

21.A.1.b.(2).

Post Mishap – applies when a Flight Attendant’s performance either contributed to a mishap or cannot be completely discounted as a contributing factor to the mishap. A mishap is an event resulting in physical damage to person, equipment or facilities.

21.A.1.b.(3).

Return to Duty – a Flight Attendant who has refused to submit to a drug test or has received a verified positive drug or alcohol test must submit to a return to duty test and receive a verified negative result before returning to work.

21.A.1.b.(4).

No Notice – A Flight Attendant who has returned to work following a refusal to test, a verified confirmed positive drug and/or alcohol test will be subject to unannounced no-notice testing. 

21.A.1.b.(5).

Pre-Employment/Post Offer – a Flight Attendant who returns from an unpaid leave of absence of one hundred eighty (180) or more calendar days, or returns to work following thirty (30) days or more on furlough status must successfully complete a drug test.

21.A.2. TESTING PROCEDURES

The notification, collection, chain of custody, laboratory requirements and other procedures set forth in the FAA/DOT regulations shall apply to A.1.b. above. In addition, the following testing procedures will be observed:

21.A.2.(a).

Direct observation. A Flight Attendant may be required to produce a specimen under direct observation when the collector has reason to believe the specimen contains an adulterant, when directed by the Medical Review Officer (MRO), Designated Employer Representative (DER), or Manager - Drug Abatement. 

21.A.2.(b). 

All testing for alcohol and drugs will be subject to screening and confirmatory tests.

21.A.2.(c). 

For confirmed positive drug tests, before verifying the result, the MRO will make all reasonable attempts to contact the Flight Attendant to discuss the test result. Following the discussion with the Flight Attendant and/or any other appropriate inquiry, the MRO will determine whether to verify the test result. In the event that the MRO verifies the confirmed positive result, they she/he will in addition to any other duties, refer the matter to United’s DER. 

21.A.2.(d). 

A Flight Attendant who has been notified that their her/his drug test resulted in a verified confirmed positive finding may request a retest of the split portion of the specimen provided they do she/he does so within seventy-two (72) hours following such notification.

21.A.2.(e).

The burden of proving inadvertent and/or unknowing ingestion of any illicit drug rests upon the Flight Attendant. They She/he shall have five (5) days from notification of the test result by the MRO to prove their her/his claim of inadvertent and/ or unknowing ingestion to the Company. 

21.A.2.(f). 

A Flight Attendant who receives a verified adulterated or substituted drug test result or who refuses or fails to cooperate in any drug or alcohol test as mandated by FAA/ DOT regulations, Company policy, or in any rehabilitation related testing, will be discharged with no opportunity for reinstatement or rehire. 

21.A.2.(g).

Refusal or failure to cooperate will be deemed to be a positive test. Refusal or failure to cooperate includes, but is not limited to: failing to appear for any test within a reasonable time after being directed to do so; failing to remain at the testing site until the testing process is complete; failing to provide a sufficient amount of breath for any alcohol test or sufficient amount of urine for a drug test required by this Section, and the MRO has determined that there was no adequate medical explanation for the failure; failing to undergo a medical examination or evaluation, as directed by the Company as part of the insufficient breath or urine procedures; failing to sign any required form or certification; or failing to cooperate with any part of the testing process.

21.B. CONSEQUENCES OF POSITIVE ALCOHOL OR DRUG TESTS

21.B.1.

Nothing in this Section shall preclude the application of corrective and progressive disciplinary processes to address violation(s) of other Company policies or misconduct by a Flight Attendant. Drug or alcohol use, abuse or dependency will not exonerate, excuse or mitigate a Flight Attendant’s on-duty or off-duty misconduct or violation of other Company policies. A Flight Attendant’s claim of an inadvertent use of drugs will be taken into consideration. 

21.B.2.

A Flight Attendant who uses alcohol within twelve (12) eight (8) hours of any scheduled duty shall be treated the same as a Flight Attendant who tested positive for alcohol. 

21.B.3.

A Flight Attendant who receives a positive test result for drugs or alcohol will be promptly removed from duty without pay, pending further investigation. 

21.B.4.

On the first such occasion, a Flight Attendant who receives a verified confirmed positive drug test or whose breath alcohol test indicates a concentration of .04 or above, will be given the following options:

21.B.4.a.

Voluntary resignation, without eligibility for rehire. 

21.B.4.b.

Discharge for cause. However, a non-probationary Flight Attendant exercising this option will be conditionally reinstated and placed on unpaid medical leave with continuation of health and welfare benefits at active rates effective upon execution of a Last Chance Conditional Reinstatement Agreement (“LCCRA”), which will include, but not be limited to, the following terms and conditions as to medical evaluation, rehabilitation and treatment: 

21.B.4.b.(1).

The Flight Attendant will be referred to a United Substance Abuse Professional (SAP) to meet the DOT/FAA SAP requirements. 

21.B.4.b.(2).

If one is recommended, the Flight Attendant must successfully complete the course of rehabilitation (and/or treatment and/or education and/or any other program) recommended by the SAP, including all continuing terms and conditions attached to such program(s). The rehabilitation/treatment will be directed and facilitated by the SAP, but will be funded entirely by the Flight Attendant, except that they she/he will not be precluded from using any insurance benefits to which they are she/he is otherwise entitled. 

21.B.4.b.(3).

The Flight Attendant must comply with all SAP recommendations. Upon completion of the SAP process, if the SAP recommends on-going monitoring or continued follow-up testing, the Flight Attendant will be referred to UAL’s EAP Director or Director’s designee. The Flight Attendant will execute written authorization(s) for release of all relevant medical information to UAL’s EAP (“EAP”). 

21.B.4.b.(4).

The Flight Attendant must execute and deliver to the EAP Director an undated letter of resignation to be used to terminate the Flight Attendant’s employment (or alternatively, the Flight Attendant will be deemed to have resigned) should they she/he fail to satisfy any of the terms and conditions of UAL’s Anti-Drug and Alcohol Misuse Prevention policy or the terms and conditions of the LCCRA. 

21.B.4.b.(5).

Upon successful completion of the SAP process, the Flight Attendant will complete a return to duty drug and alcohol test and will be subject to any applicable DOT/FAA required follow-up testing. 

21.B.4.b.(6).

The Flight Attendant will be returned to the bid position to which they are she/he is otherwise entitled by the terms of this Agreement, effective upon their her/his release to duty. The Flight Attendant’s continued employment will be conditional upon their her/his compliance with all of the terms and conditions of the LCCRA.

21.B.4.b.(7).

The Flight Attendant will be solely responsible for ensuring that they are she/he is fully qualified and certified to perform their her/his duties.

21.B.4.b.(8).

Once returned to duty, the Flight Attendant will be responsible for maintaining contact with the EAP manager on at least a monthly basis for the purpose of monitoring the Flight Attendant’s progress for a period not to exceed sixty (60) months. Failure to maintain monthly contact with EAP or failure to cooperate with EAP will be considered a violation of the LCCRA and will result in termination of the Flight Attendant’s employment.

21.B.4.b.(9).

During the rehabilitation/treatment period, any use of alcohol or illicit drugs will be considered a violation of the LCCRA. This includes mouthwash or other substances or medications that contain alcohol. The Flight Attendant is solely and strictly responsible for adherence to this express condition for their her/his continuing employment. The Flight Attendant must inform EAP of any medication prescribed by their her/his physician and obtain EAP’s fully informed consent prior to using any medication that contains alcohol or narcotic drugs. The Flight Attendant expressly agrees that their her/his use of any non-prescription medication or other substance that contains alcohol or illicit drugs which would violate the Company Anti-Drug and Alcohol Misuse Prevention Policy, EAP requirements and/or applicable provisions of the FAA/DOT regulations governing workplace drug and alcohol testing will be considered a violation of the LCCRA and will result in the termination of their her/his employment. 

21.B.4.b.(10). 

The Flight Attendant will commit in writing to remain drug and alcohol free for the remainder of their her/his career. 

21.B.4.b.(11).

During the remainder of their her/his career, should the Flight Attendant subsequently fail any drug and/or alcohol test the undated letter of resignation will be accepted by the Company, and their her/his employment severed. 

21.B.4.b.(12).

If the Flight Attendant fails to comply with the LCCRA, discharge will result, and their her/his right to challenge such discharge through the grievance process will be waived. No grievance of the matter will be permitted.

21.B.4.b.(13).

After meeting with the Company’s designated Substance Abuse Professional (“SAP”) and upon entering the program recommended by the SAP, and so long as the individual continues in treatment and recovery as directed and facilitated by the SAP, the Flight Attendant will have the option to use up to twelve (12) months of disability benefits while in active treatment and recovery if the Flight Attendant is a participant in the Long Term Disability (“LTD”) Plan under Section 29.H. The benefit shall be paid under the LTD Plan and shall not limit benefits payable for other disabilities under the LTD Plan. The drug, alcohol and substance abuse benefit shall not be subject to any waiting period.

21.B.5.

A Flight Attendant whose breath alcohol test indicates a concentration from .02 to .039 will be referred to EAP for an initial assessment. Should EAP, in its sole discretion, determine that a medical evaluation and diagnosis of the Flight Attendant be conducted, the Flight Attendant will be placed on a mandatory referral to EAP subject to all requirements of EAP. Upon release by EAP to return to duty, the Flight Attendant will return to the bid position to which they are she/he is otherwise entitled by the terms of this Agreement as soon as reasonably possible. Contingent upon the Flight Attendant’s full cooperation with EAP (and assuming there is no other disciplinary action pending), they she/he will not be subject to discipline for violation of FAA/DOT regulations or Company alcohol and drug policies.

21.C. VOLUNTARY REHABILITATION

A Flight Attendant who has not been subject to a mandatory referral to EAP or who has not had a verified confirmed positive drug test result or a breath alcohol test indicating an alcohol concentration of 0.04 or greater, may voluntarily self-refer to United’s EAP for assessment and/or rehabilitation and treatment. Such Flight Attendant will be entitled to use any accumulated sick leave to the extent needed to complete the rehabilitation program. Upon completion of the formal rehabilitation program and appropriate certification, the Flight Attendant will assume the bid position to which they are she/he is otherwise entitled by the terms of this Agreement.

21.D. CONDUCT SUBJECT TO DISCHARGE 

A Flight Attendant who engages in prohibited alcohol or drug use while on duty or while performing safety-sensitive functions, or who receives a second positive test (either of which may be a verified confirmed positive drug test or alcohol test indicating a concentration of 0.04 or above), will be discharged for cause and will not be entitled to an opportunity for conditional reinstatement or rehire.

21.E. DUTY TIME AND PAY

21.E.1.

For the purpose of contractual duty time and legal rest provisions FAA duty time and minimum rest regulations a Flight Attendant undergoing drug and/or alcohol testing will be deemed to be on duty until the testing collection process is completed.

21.E.2. DRUG/ALCOHOL TESTING PAY

See Section 4.F.

When a Flight Attendant is required to provide a urine or breath specimen in order to comply with federally mandated random drug or alcohol testing programs, she/he shall be compensated in the amount of $25.00.

21.E.3.

A Flight Attendant shall not suffer loss of pay or credit as a result of a random drug/alcohol test that interferes with their his/her schedule. 

21.E.4.

A Flight Attendant who is held out of service for a reasonable cause test that is negative shall receive full pay and credit for lost trips. 

21.F.

In the event the FAA approves a Human Intervention Motivation Study (HIMS) program applicable to Flight Attendants, the Company shall meet and confer with the Union regarding the possible implementation of the program.