22.0 Reinstatement Instructions

22.1 General

22.1.1 An employee dismissed because of a non-negative test result or a refusal, must have a negative test result for drugs and/or alcohol before being allowed to return to service.

22.1.2 Union Pacific requires follow-up drug and/or alcohol tests after reinstatement for the period, frequency determined by a SAP or EAP.  An employee will be eligible for return to service based upon advice that they have successfully completed education, counseling and/or treatment determined to be necessary by EAP or a SAP, including any drug and alcohol testing requirements of their designated personal program, and they have tested negative for drugs and alcohol,  on the return-to-duty test.

22.1.3 Reinstatement is to be on a leniency basis with vacation and seniority rights unimpaired, but without pay for time lost.

22.2 Provisions

22.2.1 To return to service and/or remain qualified once an employee has returned to service, the employee must agree to these reinstatement conditions:

• The employee must enroll and begin a personal rehabilitation program with EAP/SAP within thirty (30) days after being dismissed following a disciplinary investigation, or within three (3) days of signing a waiver.  The employee must enroll by calling the National Employee Assistance hotline, 800-779-1212.
• The employee must become drug and/or alcohol free by successfully completing any education, counseling or treatment determined by EAP/SAP.
• The employee must continue in any further program of counseling, treatment and follow-up determined by EAP/SAP.
• The employee must adhere to all the agreements in their designated personal program with EAP/SAP.
• The employee must test negative on a return-to-duty test for drugs and alcohol.
• Prior to reinstatement, the employee will be required to meet with the employee’s manager to discuss the conditions and understanding of the reinstatement.
• Following reinstatement, the employee must submit to follow-up drug, alcohol, or drug and alcohol testing as required by federal regulations and Union Pacific Railroad’s Drug and Alcohol Policy for the time and frequency required by the SAP or EAP for up to 60 months  from the date of return to service, unless otherwise specified by a SAP.  In addition, the employee will also submit to required education, counseling, or treatment.
  • Follow-up drug and/or alcohol testing will be scheduled on dates chosen by Union Pacific and when the employee is on duty.  Follow-up tests must be unannounced.  The employee will be given no advanced notice of the test.
  • Follow-up testing is in addition to any other testing required by regulation or Union Pacific policy.
• The employee must not violate any Union Pacific rule with reference to drugs or alcohol.
• Failure to comply with these instructions may be grounds for immediate disciplinary action.

22.2.2 Certain labor organizations have a “Companion Agreement” that provides for the opportunity to return to service upon the recommendations of EAP/SAP, further provided there has been no proven violation of Rule 1.5 in the preceding ten (10) years.  These agreements remain in effect and supersede this policy where conflict, if any, exists.