The Federal Aviation Administration (FAA or the Agency) and the National Association of Air Traffic Specialists (NAATS or the Union) agree to the following provisions to govern the implementation of the Agency's total abstinence requirements. These requirements apply to all bargaining unit employees subject to a rehabilitation treatment plan due to a diagnosis of substance abuse or dependency. No modification or waiver of the terms and conditions of this agreement may occur unless made in writing at the national level. No local agreements or supplements are authorized. A copy of this agreement will be distributed to all facilities where there are bargaining unit employees located to be placed in the R&I binder within 30 days.

1. All rehabilitation/treatment plans in effect prior to the date of this agreement will remain in effect. All employee rehabilitation/treatment plans in effect after the date of this agreement will be subject to the Agency's total abstinence requirements.

2. Disciplinary/adverse actions for violations of the Agency's abstinence requirements will be decided on a case-by-case basis in accordance with applicable laws, regulations, and the Parties' agreement.

3. An employee's rehabilitation/treatment plan will be developed based on the individual's circumstances and substance abuse evaluation. It is the Agency's policy to use EAP professionals who are not FAA employees to perform evaluations whenever possible. If this policy should change, the Agency will provide notice to the Union as required by Article 9 of the Parties' agreement. All rehabilitation and treatment programs are between the authorized provider and the employee. All rehabilitation and treatment plans are subject to approval by the respective FAA Flight Air Surgeon and EAP manager.

4. Both Parties fully encourage employees to use the Agency's self-referral process for substance abuse problems before being identified through the Agency's drug and alcohol testing program or by other means.

5. Nothing in this agreement waives any statutory or contractual rights of the Agency or the Union.

This agreement is effective September 14, 1995.

Date: 9/14/95