Reasonable Cause Testing. Upon reasonable cause, UPS will require an employee to be tested for the use of controlled substances. Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicates the need for a fit- ness-for-duty medical evaluation. The employee’s conduct must be witnessed by at least two (2) su- pervisors, if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evalua- tion is required. When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 2 of this current Agreement as interpreted. If no ▇▇▇▇▇▇▇ is present, the employee may select another hourly paid employee to repre- sent him. Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the ob- served behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner. Note: (Reasonable Cause) At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance con- firmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter, offered an opportunity for rehabilitation as set forth in this Article, and the employee will be required to otherwise satisfy the requirements im- posed by the DOT regulations. However, if there is a second occa- sion where reasonable cause testing results in a positive urine test, the employee will then be subject to discharge. Non-DOT—Reasonable Cause: In the event an employee (not covered by DOT) is tested pursuant to the discipline Article 11 of this current Agreement, such test will be performed under the same procedures and requirements as those set forth in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offense.
Appears in 1 contract
Sources: Supplemental Agreement
Reasonable Cause Testing. Upon reasonable cause, UPS the City will require an employee to be tested for the use of controlled substances. Reasonable cause is defined as an employee’s 's observable action, appearance, or conduct that clearly indicates indicate the need for a fit- ness-for-fitness for duty medical evaluation. The employee’s 's conduct must should be witnessed by at least two (2) su- pervisorssupervisors, if available. The witnesses must have received training in observing a person’s 's behavior to determine if a medical evalua- tion evaluation is required. When the supervisor(sSupervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 2 of this current Agreement as interpretedavailable. If no ▇▇▇▇▇▇▇ is present, the employee may select another hourly paid employee to repre- sent himaccompany them. Documentation of the employee’s 's conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the ob- served observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner. Note: (Reasonable Cause) At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance con- firmed confirmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter, letter and offered an opportunity for rehabilitation as set forth in this Article, and the employee will be required to otherwise satisfy the requirements im- posed by the DOT regulations. However, if there is a second occa- sion occasion where reasonable cause testing results in a positive urine test, the employee will then be subject to discharge. Non-DOT—DOT - Reasonable Cause: In the event an employee (not covered by DOT) is tested pursuant to the discipline Article 11 of this current Agreementtested, such test will be performed under the same procedures and requirements as those set forth outlined in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offense.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Reasonable Cause Testing. Upon reasonable cause, UPS will require an employee to be tested for the use of controlled substances. Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicates indicate the need for a fit- nessfitness-for-for duty medical evaluation. The employee’s conduct must be witnessed by at least two (2) su- pervisorssupervisors, if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evalua- tion evaluation is required. When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 2 4 of this current the National Master UPS Agreement as interpreted. If no ▇▇▇▇▇▇▇ is present, the employee may select another hourly paid employee to repre- sent represent him. Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the ob- served observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner. Note: (Reasonable Cause) At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance con- firmed confirmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter, letter offered an opportunity for rehabilitation as set forth in this Article, and the employee will be required to otherwise satisfy the requirements im- posed imposed by the DOT regulations. regulations However, if there is a second occa- sion occasion where reasonable cause testing results in a positive urine test, the employee will then be subject to discharge. Non-DOT—DOT - Reasonable Cause: In the event an employee (not covered by DOT) is tested pursuant to the discipline Article 11 of this current in the Supplemental Rider or Addenda to the National Master UPS Agreement, such test will be performed under the same procedures and requirements as those set forth outlined in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offense.
Appears in 1 contract
Reasonable Cause Testing. Upon If management has reasonable causecause to believe, UPS will require based upon observation or information, that an employee to be tested employee, while present on City property where use of alcohol is prohibited and/or on duty for the City, is being influenced by the use of illegal or controlled substances. Reasonable cause is defined as an employee’s observable action, appearance, drugs or conduct that clearly indicates the need for a fit- ness-for-duty medical evaluation. The employee’s conduct must be witnessed by at least two (2) su- pervisors, if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evalua- tion is required. When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 2 of this current Agreement as interpreted. If no ▇▇▇▇▇▇▇ is presentalcohol, the following procedures would be used as appropriate to the circumstance.
(i) The employee may select another hourly paid employee to repre- sent him. Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the ob- served behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union immediately placed on administrative leave with pay until notified of any disciplinary suspension or action resulting in a timely mannercessation of pay. Note: (Reasonable Cause) At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance con- firmed in the urine test. If no positive is confirmed in the blood specimenPromptly after placement on administrative leave, the employee will be given a warning letterhearing with the following persons present:
1. Employee;
2. Employee’s Union representative, offered an if applicable;
3. Employee’s supervisor; and
4. Director of Public Safety – Police/Fire Chief, or designee.
(ii) The facts forming the basis for reasonable cause shall be disclosed to the employee at the commencement of the hearing and the employee shall, at the same time, be given the opportunity for rehabilitation as set forth in this Articleto explain his or her behavior or actions.
(iii) If it is determined by the Director of Public Safety – Police/Fire Chief, and or designee, that the reasonable cause to believe is substantiated, the employee will be placed on administrative leave, with pay, pending the results of an appropriate test.
(iv) Said employee shall be required to otherwise satisfy submit to an immediate urine and/or breath test to determine whether or not the requirements im- posed by employee is under the DOT regulationsinfluence of alcohol, a controlled substance, or illegal drug(s).
(v) Such test shall be given pursuant to the testing procedure as outlined in this policy.
(vi) The employee shall submit to such test and release of test results to the City; failure to do so shall be a presumption that the employee has violated the Drug and Alcohol Policy. However, if there is a second occa- sion where reasonable cause testing results in a positive urine test, the The employee will then be subject to disciplinary action, up to and including discharge.
(vii) After the test has been given and the results known, the employee:
1. Non-DOT—Reasonable Cause: In will be put back to work with full pay for time lost, should the event an employee (not covered by DOT) is tested pursuant test results be negative; or
2. will be subject to discipline, up to and including discharge, should the discipline Article 11 test results be positive as indicated in paragraph #8 of this current Agreement, such test will be performed under the same procedures and requirements as those set forth in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offensepolicy.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Reasonable Cause Testing. Upon reasonable cause, UPS the City will require an employee to be tested for the use of controlled substances. Reasonable cause is defined as an employee’s 's observable action, appearance, or conduct that clearly indicates indicate the need for a fit- ness-for-fitness for duty medical evaluation. The employee’s 's conduct must should be witnessed by at least two (2) su- pervisorssupervisors, if available. The witnesses must have received training in observing a person’s 's behavior to determine if a medical evalua- tion evaluation is required. When the supervisor(sSupervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 2 of this current Agreement as interpretedavailable. If no ▇▇▇▇▇▇▇ is present, the employee may select another hourly paid employee to repre- sent accompany him/her. Documentation of the employee’s 's conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the ob- served observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner. Note: (Reasonable Cause) At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance con- firmed confirmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter, letter and offered an opportunity for rehabilitation as set forth in this Article, and the employee will be required to otherwise satisfy the requirements im- posed by the DOT regulations. However, if there is a second occa- sion occasion where reasonable cause testing results in a positive urine test, the employee will then be subject to discharge. Non-DOT—DOT - Reasonable Cause: In the event an employee (not covered by DOT) is tested pursuant to the discipline Article 11 of this current Agreementtested, such test will be performed under the same procedures and requirements as those set forth outlined in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offense.
Appears in 1 contract
Sources: Collective Bargaining Agreement