Section 4--Confidentiality/Relationship to Disciplinary and Adverse Action

A.  The parties recognize that all confidential information and records concerning employee counseling and treatment will be maintained in accordance with applicable laws, rules and regulations.

B.  Without an employees's specific written consent, the supervisor may not obtain information about the substance of the employee's involvement with a counseling program.  Information obtained with the employee's authorization from such counseling  programs may not serve as the basis for disciplinary or adverse actions.  Should disciplinary actions be necessary, job behavior or performance problems will be the basis, not progress in a counseling program as such.  In evaluating an employee's work performance and job-related conduct, the supervisor may take into account whether an employee referred to counseling is cooperating with a recommended plan of counseling.