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MEMORANDUM OF UNDERSTANDING Between CITY OF ST. ANTHONY And INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 Commercial Driver's License The purpose of this Memorandum of Understanding (MOU) is to assist both Labor and Management in dealing with Commercial Driver's License (CDL) rules and the recent changes to those rules. The following conditions will apply to Employees in the Local 49 Bargaining Unit. A. If an Employee temporarily loses his/her driver's license and CDL, the Employer may choose, on a case-by-case basis, to accommodate the Employee by assigning him/her to duties that do not require a driver's license/CDL, not to exceed twelve (12) months during the Employee's tenure with the City, and/or not to exceed two (2) revocations as a result of driving violations. B. If the temporary loss of a driver's license is the result of an alcohol-related offense, the Employee will be required to comply with the recommendation of a licensed Substance Abuse Professional. Proof of compliance with the Substance Abuse Professional recommendations will be provided to the Employer before an Employee will be permitted to return to work. C. The application of this Agreement will begin for an individual as of the date of his/her license revocation, regardless of subsequent procedures contesting the revocation. D. This MOU applies to driving violations outside the workplace. E. This MOU does not include positive test results from applicable state or federal required testing procedures, including, but not limited to random testing. F. A reduction in wages to Level A of Appendix A, WAGES section of the LABOR AGREEMENT BETWEEN CITY OF ST, ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL N0. 49, will begin as of the revocation date. Any hourly wages not paid to an Employee during the revocation of the Employee's driver's license/CDL will not be reimbursed regardless of the outcome of any subsequent contesting of the revocation. The Employee will be returned to his/her previous wage level or Level E, whichever is less, upon reinstatement of the Employee's CDL. This Memorandum of Understanding will remain in effect from January 1, 2012— December 31, 2012, This Agreement may be terminated by either party's request with a 90 -day written notification. As of January 1, 2013, this MOU may be extended, modified, or eliminated at either party's request. FOR THE CITY OF ST. ANTHONY: Mark Casey, City Manager Dated: FOR I.U.O.E., LOCAL No. 49 Todd Doncavage, ABR Dated: 22 M.