contractart7

ARTICLE 7 - PHYSICAL EXAMINATION AND MEDICAL LEAVE

Section 1. All employees covered by this Agreement, who enter the service of the Employer, are required to take and pass the physical examination(s) specified by the Nevada Taxicab Authority or any successor governmental agency which has the authority to order such examinations of taxicab drivers. The cost of this physical examination is paid by the applicant or the employee.

Section 2. Any employee covered by this Agreement may be required by his Employer to submit to a physical and/or mental examination by a licensed physician designated by his Employer, including, but not limited to, a blood alcohol test or a urine sample drug screen or alcohol screen. Refusal by a driver to submit to such physical examination required by his Employer shall result in the immediate discharge of the employee(s) involved. The Cost of any physical examination required by the Employer pursuant to this Section shall be borne by the Employer.

Section 3. If an Employer requires that an employee who has been absent from work produce a doctor’s certificate stating that the employee is well enough to return to work or that the employee is unable to work, any cost involved shall be paid by the employee. If any physical examination is required to secure the doctor’s certificate, the cost of that examination will be paid by the employee.

Section 4. Any employee who has a positive test result to a drug/controlled substance test shall be subject to disciplinary action up to and including discharge. The foregoing shall not apply to a test submitted to an employee while off duty when that employee is volunteering for treatment and rehabilitation unless the employee fails to complete the treatment and/or rehabilitation. A blood alcohol level in excess of the state standard provides an absolute presumption that an employee is under the influence of alcohol and constitutes just cause for discharge.

Section 5. Any employee who requires medical services which require his absence from work for which the employee is entitled to benefits as a patient under the State Industrial Insurance System or under Article 30— Health & Welfare shall be entitled to a medical leave.

Section 6. A medical leave shall commence when the employee’s medical condition shall materially interfere with the performance of the employee’s duties, or endangers the health and safety of the employee or his passengers, and this condition has been verified by written reports from the employee’s licensed physician to his Employer. The leave shall normally terminate when the employee has reasonable ability to return to work as verified by a written report by the employee’s licensed physician releasing the employee to return to work.

However, the Employer may require the employee to submit to a medical examination by a licensed physician designated by the Employer as provided in Article 7, Section 2 prior to that employee’s return to work. The Employer may deny the employee’s return to work based on the report of such physician and, in such case, there shall be no liability on the part of the Employer to the employee for lost wages due to the Employer’s refusal to return the employee to work.

Should there be a disagreement between the employee’s treating physician and the Employer’s physician, then the employee shall be sent to a third physician mutually selected by the Union and the Employer. All costs of the third physician shall be shared equally by the Employee and the Employer. The Union, the employee and the Employers agree to be bound by the opinion of the third physician who was mutually selected by them .

Section 7. When an employee is on medical leave, his Employer may require periodic written reports from the employee’s doctor, or require medical examinations at its expense, to determine whether or not the employee is able to continue to work, to return to work, or to verify the validity of the reason(s) for absence and/or the necessity to be off work. Written reports concerning the employee(s) physical or medical examination shall normally not be required by the Employer more than once in any thirty (30) calendar day period unless there is evidence of a change in the employee’s condition. Section 8. Any employee on medical leave must report in person or by phone to his shift supervisor or to the general manager once each week. Failure to so report shall result in immediate termination, unless the employee is incapable of reporting due to his medical condition.