Unfitness Sample Clauses

Unfitness. Should any physical examination provided for above reveal physical or mental unfitness caused by disease, defects or disabilities of a temporary and curable nature, and the employee involved is willing to have the cause or causes of such unfitness treated and rectified, then and in that event, depending upon the particular circumstances of each case:

Unfitness. C-XXXX retains the right to require periodic and fitness for duty physicals of any Operator, regardless of whether the Operator chose to receive their D.O.T. card through C-TRAN’s physician or their own. When an employee is reported by the Employer’s examining physician to be physically or mentally unfit to perform work in the position in which he is employed, such employee shall be notified by the Employer within fourteen (14) calendar days of the receipt of a determination from the Employer’s physician of the action to be taken by the Employer. The employee shall have a period of fourteen (14) calendar days from the date of his notification of such determination by the Employer to indicate in writing to the Director of Human Resources & Labor Relations his/her intention to submit the question of his physical or mental unfitness to a physician of his own choice at his own expense. The employee’s physician’s report of such examination including opinion and full medical report shall be provided to the Director of Human Resources & Labor Relations not later than twenty-one (21) calendar days from the date which the employee gave notice of his intent to question the Employer’s physician's examination. In the event there is a difference of opinion relative to the diagnosis between the examining physician and the physician chosen by the employee, then a physician shall be mutually designated by the examining physician and the physician chosen by the employee. Such designation shall occur within twenty-one (21) calendar days of receipt of the employee's physician's report. The three (3) physicians, acting as a medical panel, shall within thirty (30) calendar days of the third physician’s appointment, meet to jointly review the information and if necessary, re-examine the employee. The medical panel shall render a decision in writing within twenty-one (21) days of completion of its examination or review. The costs incurred for the medical panel’s proceedings shall be borne equally by the Union and the Employer, provided that each party shall pay the cost and fees of its designated physician.