ARTICLE

52.

A. In the event that the Department believes that a Title 38 employee is physically or mentally incapable of performing his duties, the employee shall be entitled to meet with the recommending medical official and to provide any oral and written evidence before a recommendation is made. In any such meeting, the employee is entitled to Union representation.

B. Once any decision is made that removes an employee from his position or duties for physical or mental inability to perform, the employee, consistent with Title 38, shall be able to use the appropriate appeals procedure.

C. Confidentiality must be maintained throughout the review process.