21.0 One Time Return To Service And Ten-Year Policy

21.1 General

21.1.1 An employee who has been dismissed for a violation of the Union Pacific Drug and Alcohol Policy will be permitted a one-time return to service following successful completion of a rehabilitation program approved by EAP, provided that the employee has had no previous violation of the Union Pacific Drug and Alcohol Policy in the previous ten (10) years and provided further that no other major rule violation is involved. 

21.1.2 An employee who has been granted a one-time return to service under this provision and who violates the Union Pacific Drug and Alcohol Policy again within a ten (10) year period will be dismissed permanently.
An employee may petition and receive a Redress Hearing as provided in Public Law 432 section SEC. 409. § 20165. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG TESTING BY RAILROAD CARRIERS, to review his or her specimen test results that were determined to be in violation of the Drug and Alcohol Policy as a result of a non-Federal authority test. Employees within the probationary period of their applicable CBA agreement are exempted from this section. 

21.1.3 Events under the Voluntary Referral Policy and Co-worker Report Policy do not count against this one time return to service agreement and ten (10) year policy.  (49 CFR Part 219, Subpart E)

21.2 Terms and Conditions

21.2.1 The terms and conditions of an employee’s rehabilitation and education program agreement for reinstatement will contain a twelve month probation period.  During this probationary period, any violation by the employee of the terms established for their reinstatement will result in the employee being returned to dismissed status without the benefit of a hearing, unless a hearing is required by agreement or FRA regulations (49 CFR 219.104) or a Redress Hearing.:  To request a redress hearing, petition for a redress hearing pursuant to the provisions of Public Law 110-432 Statute 20165(b) (Federal Rail Safety Improvement Act of 2008)  A petition must be submitted in writing within ten (10) calendar days of receipt of a charge letter to:  Drug and Alcohol Testing, 1400 Douglas, Stop 1020, Omaha, NE 68179-1020 (via certified mail) or faxed to 402-997-3626. 

21.2.2 This probationary period, and the terms thereof, do not preclude Union Pacific from conducting follow-up testing for up to a sixty (60) month period following reinstatement, as detailed in this Policy for covered service employees, where federal testing is involved.