Common use of When a Test May Be Compelled Clause in Contracts

When a Test May Be Compelled. In addition to C.D.L. testing mandated by Federal law and suspicion-based testing described below, the City may engage in suspicion-less drug and/or alcohol testing of each bargaining unit member up to a maximum of two (2) such suspicion-less tests per employee per contract year. If no bargaining unit member tests positive in a confirmatory test during the first two years of this agreement, then the maximum number of suspicion-less drug and/or alcohol tests which may be conducted of each bargaining unit member shall be reduced to one (I) per calendar year. However, if one (I) or more bargaining unit members test positive in a confirmatory test at any time during the life of this Agreement, then the maximum number of suspicion-less drug and/or alcohol tests which may be conducted of each bargaining unit member shall be two (2) per calendar year. For bargaining unit personnel subject to C.D.L. testing, the first or first and second annual random C.D.L. test(s) shall count as the employee's first or first and second suspicion-less test allowed in the first paragraph, above. If an employee's third or fourth