Article 11
Bargaining History
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Both parties expressed their full support for the Employee Assistance Program (EAP), as well as their mutual desire that all employees needing help from EAP should get it.

The parties discussed the fact that, because employees suffering from substance abuse have been referred by DOL management to EAP, many employees view the program as being specifically geared to persons in need of drug rehabilitation. Consequently, when employees facing other problems have been referred to the program for assistance, many have been offended by what they deem is an implication of drug involvement. Therefore, it was agreed that both the Union and Management would undertake a campaign to make employees aware of the services provided by EAP and of the fact that EAP offers help in many areas, including but not limited to substance abuse.

The parties furthermore agreed that while it is appropriate for supervisors to refer employees with performance or conduct problems to EAP, such referrals should not be made routinely in every instance. Supervisors should refer employees to EAP only when there is reason to believe that the employee would or could benefit from such a referral.

In addition, the parties agreed that an employee referred to EAP has a right to know the reasons for the referral. Therefore, if an employee receives a written document referring the employee to EAP, the employee may ask for the reasons and the reasons shall be communicated to the employee. The parties agreed to work together to develop standard language to use in making these referrals to avoid doing so in an offensive manner.