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APPENDIX A <br /> MEMORANDUM OF UNDERSTANDING <br /> COMMERCIAL DRIVER'S LICENSE <br /> The purpose of this Memorandum of Understanding is to assist both Labor and Management in <br /> dealing with Commercial Driver's License (CDL) rules and pending changes to those rules. This <br /> Memorandum will apply only in the instance where the City determines, in its sole judgment, that it <br /> will make an accommodation for an employee losing his/her drivers license as indicated below. <br /> The decision by the City to make an accommodation in one situation will not obligate the City to <br /> do so in another case and the parties agree that the City's derision is final and not subject to a <br /> grievance, nor may it be challenged in court. <br /> The following will apply to employees in the Local 49 Bargaining Unit when the City determines it <br /> will make an accommodation for loss of driver's license. <br /> A. If an employee temporarily loses his/her driver's license and CDL, the employer may choose, <br /> on a case-by-case basis, to accommodate the employee by assigning him/her to duties that <br /> do not require a driver's license/ DL, not to exceed twelve (112) months during the employee's <br /> tenure with the City, and/or not to exceed two (2) revocations. <br /> B. If the temporary loss of a driver's license is the result of an alcohol-related offense, the <br /> employee will be required to comply with the recommendations of a licensed Substance <br /> Abuse Professional. Proof of compliance with the Substance Abuse Professional <br /> recommendations will be provided to the employer before an employee will be permitted to <br /> return to work. <br /> C. The application of this agreement will begin for an individual as of the date of his/her license <br /> revocation regardless of subsequent procedures contesting the revocation. <br /> D. This Memorandum of Understanding applies to any loss of driving privileges. <br /> E, This Memorandum of Understanding does not include positive test results from applicable <br /> state orfederal required testing procedures, including but not limited to random testing. <br /> F. A $2.00 per hour decrease in pay will begin as of the revocation date. Any hourly wages not <br /> paid to an employee during the revocation of the employee's driver's license/CDL will not be <br /> reimbursed regardless of the outcome of any subsequent contesting of the revocation. <br /> 16 <br /> 37 <br />