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unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the <br />parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter <br />negotiations to replace the affected provision. <br />10. Present employees, if tested positive, shall have the prerogative for rehabilitation <br />program at the employee's expense. When such program has been successfully completed the <br />Employer shall not discriminate in any way against the employee. If work for which the <br />employee is qualified exists he/she shall be reinstated. <br />11. The Employer agrees that results of urine and blood tests performed hereunder <br />will be considered medical records held confidential to the extent permitted or required by law. <br />Such records shall not be released to any persons or entities other than designated Employer <br />representatives and the applicable Union. Such release to the applicable Union shall only be <br />allowed upon the signing of a written release and the information contained therein shall not be <br />used to discourage the employment of the individual applicant or employee on any subsequent <br />occasion. <br />12. The Employer shall indemnify and hold the Union harmless against any and all <br />claims, demands, suits, or liabilities that may arise out of the application of this Agreement <br />and/or any program permitted hereunder. <br />13. Employees who seek voluntary assistance for substance abuse may not be <br />disciplined for seeking such assistance. Requests from employees for such assistance shall <br />remain confidential and shall not be revealed to other employees or management personnel <br />without the employee's consent. Employees enrolled in substance abuse programs shall be <br />subject to all Employer rules, regulations and job performance standards with the understanding <br />that an employee enrolled in such a program is receiving treatment for an illness. <br />14. This Memorandum, of Understanding shall constitute the only Agreement in effect <br />between the parties concerning drug and alcohol abuse, prevention and testing. Any <br />modifications thereto must be accomplished pursuant to collective bargaining negotiations <br />between the parties. <br />6/28/2016 Draft PLA 45 City of Santa Ana <br />