Common use of Consequences Clause in Contracts

Consequences. Any employee refusing to submit to an alcohol or drug test shall be immediately removed from service and shall be considered insubordinate and will be subject to discipline under Article 19 of the Collective Bargaining Agreement. Refusal to submit means that a driver 1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for the breath testing, 2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing or 3) engages in conduct that clearly obstructs the testing process. Any bus driver who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, on a return to duty or follow-up test, or in a post-accident test where there has been injury or death involved, shall automatically be subject to dismissal under Article 19 of this Agreement. In these circumstances the employee shall immediately, following the Xxxxxx meeting on the notice of charges, be suspended without pay or benefits, pending the employee's appeal request. In all other circumstances outlined in the types of testing "b" through "d" above, the employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, will be subject to discipline under Article 19 of the Collective Bargaining Agreement. The employee may be subject to a suspension, without pay or benefits, of up to thirty (30) calendar days during which the employee shall be required to enroll in, and complete at his/her own expense, a substance abuse rehabilitation program. After the employee has successfully completed the rehabilitation program, as verified by his/her substance abuse counselor, the employee shall undergo a return-to-duty test for alcohol or drugs, as indicated, and shall be subject to unannounced follow-up alcohol and/or drug tests.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Consequences. Any employee refusing to submit to an alcohol or drug test shall be immediately removed from service and shall be considered insubordinate and will be subject to discipline under Article 19 XIX of the Collective Bargaining Agreement. Refusal to submit means that a driver 1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for the breath testing, 2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing or 3) engages in conduct that clearly obstructs the testing process. Any bus driver who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, on a return to duty or follow-up test, or in a post-accident test where there has been injury or death involved, shall automatically be subject to dismissal under Article 19 XIX of this Agreement. In these circumstances the employee shall immediately, following the Xxxxxx meeting on the notice of charges, be suspended without pay or benefits, pending the employee's appeal request. In all other circumstances outlined in the types of testing "b" through "d" above, the employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, will be subject to discipline under Article 19 XIX of the Collective Bargaining Agreement. The employee may be subject to a suspension, without pay or benefits, of up to thirty (30) calendar days during which the employee shall be required to enroll in, and complete at his/her own expense, a substance abuse rehabilitation program. After the employee has successfully completed the rehabilitation program, as verified by his/her substance abuse counselor, the employee shall undergo a return-to-duty test for alcohol or drugs, as indicated, and shall be subject to unannounced follow-up alcohol and/or drug tests.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Consequences. Any employee refusing to submit to an alcohol or drug test shall be immediately removed from service and shall be considered insubordinate and will be subject to discipline under Article 19 of the Collective Bargaining Agreement. Refusal to submit means that a driver 1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for the breath testing, 2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing or 3) engages in conduct that clearly obstructs the testing process. Any bus driver who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, on a return to duty or follow-up test, or in a post-post­ accident test where there has been injury or death involved, shall automatically be subject to dismissal under Article 19 of this Agreement. In these circumstances the employee shall immediately, following the Xxxxxx meeting on the notice of charges, be suspended without pay or benefits, pending the employee's appeal request. In all other circumstances outlined in the types of testing "b" through "d" above, the employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, will be subject to discipline under Article 19 of the Collective Bargaining Agreement. The employee may be subject to a suspension, without pay or benefits, of up to thirty (30) calendar days during which the employee shall be required to enroll in, and complete at his/her own expense, a substance abuse rehabilitation program. After the employee has successfully completed the rehabilitation program, as verified by his/her substance abuse counselor, the employee shall undergo a return-to-duty test for alcohol or drugs, as indicated, and shall be subject to unannounced follow-up alcohol and/or drug tests.

Appears in 2 contracts

Samples: Tentative Agreement, Tentative Agreement

Consequences. Any employee refusing to submit to an alcohol or drug test shall be immediately removed from form service and shall be considered insubordinate and will be subject to discipline under Article 19 16 of the Collective Bargaining AgreementAgreement or the discipline policies stated elsewhere in Board Policy. Refusal to submit means that a driver 1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement requirements for the breath testing, 2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing or 3) engages in conduct that clearly obstructs the testing process. Any bus driver employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, on a return to duty or of follow-up test, or in a post-accident test where there has been injury or death involved, shall automatically be subject to dismissal under Article 19 16 of this AgreementAgreement or stated elsewhere in Board Policy. In these circumstances the employee shall immediately, following the Xxxxxx meeting on the notice of charges, be suspended without pay or benefits, pending the employee's ’s appeal request. In all other circumstances outlined in the types of testing "b" through "d" . 15.8.1.3 above, the employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, will be subject to discipline under Article 19 16 of the Collective Bargaining Agreement, or as stated elsewhere in Board Policy. The employee may be subject to a suspension, without pay or benefits, of up to thirty (30) calendar days during which the employee shall be required to enroll in, and complete at his/her own expense, a substance abuse rehabilitation program. After the employee has successfully completed the rehabilitation program, as verified by his/her substance abuse counselor, the employee shall undergo a return-to-duty test for alcohol or drugs, as indicated, and shall be subject to unannounced follow-up alcohol and/or drug tests.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Consequences. Any employee unit member refusing to submit to an alcohol or drug test shall be immediately removed from service and service, shall be considered insubordinate and will be subject to discipline under Article 19 12 of the Collective Bargaining AgreementAgreement or the discipline policies stated elsewhere in Board Policy. Refusal to submit means that a driver (1) fails to provide adequate breath for testing without a valid medical explanation after he or he/she has received notice of the requirement for the breath testing, (2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or he/she has received notice of the requirement for urine testing testing, or (3) engages in conduct that clearly obstructs the testing process. Any bus driver unit member who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, on a return to return-to-duty or follow-up test, or in a post-accident test where there has been injury or death involved, shall automatically be subject to dismissal under Article 19 12 of this AgreementAgreement or stated elsewhere in Board Policy. In these circumstances circumstances, the employee unit member shall immediately, following the Xxxxxx meeting on the notice of charges, be suspended without pay or benefits, pending the employee's unit member’s appeal request. In all other circumstances outlined in the types of testing "b" “B” through "d" “D” in section 19.5 above, the employee unit member who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, will be subject to discipline under Article 19 12 of the Collective Bargaining Agreement, or as stated elsewhere in Board Policy. The employee unit member may be subject to a suspension, without pay or benefits, of up to thirty (30) calendar days during which the employee unit member shall be required to enroll in, and complete at his/her own expense, a substance abuse rehabilitation program. After the employee unit member has successfully completed the rehabilitation program, as verified by his/her substance abuse counselor, the employee unit member shall undergo a return-to-duty test for alcohol or drugs, as indicated, and shall be subject to unannounced follow-up alcohol and/or drug tests.

Appears in 1 contract

Samples: Master Contract

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Consequences. Any employee refusing to submit to an alcohol or drug test shall be immediately removed from service and shall be considered insubordinate and will be subject to discipline under Article 19 XIX of the Collective Bargaining Agreement. Refusal to submit means that a driver 1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for the breath testing, 2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing or 3) engages in conduct that clearly obstructs the testing process. Any bus driver who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, on a return to duty or follow-up test, or in a post-accident test where there has been injury or death involved, shall automatically be subject to dismissal under Article 19 XIX of this Agreement. In these circumstances the employee shall immediately, following the Xxxxxx meeting on the notice of charges, be suspended without pay or benefits, pending the employee's ’s appeal request. In all other circumstances outlined in the types of testing "b" through "d" above, the employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, will be subject to discipline under Article 19 XIX of the Collective Bargaining Agreement. The employee may be subject to a suspension, without pay or benefits, of up to thirty (30) calendar days during which the employee shall be required to enroll in, and complete at his/her own expense, a substance abuse rehabilitation program. After the employee has successfully completed the rehabilitation program, as verified by his/her substance abuse counselor, the employee shall undergo a return-to-duty test for alcohol or drugs, as indicated, and shall be subject to unannounced follow-up alcohol and/or drug tests.thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

Consequences. a. Any employee refusing to submit to an alcohol or drug test shall be immediately removed from service and service, shall be considered insubordinate and will be subject to discipline under Article 19 23 of the Collective Bargaining AgreementAgreement or pursuant to the discipline policies stated elsewhere in the District Policy. Refusal to submit means that a driver 1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement requirements for the breath testing, testing 2) fails to provide adequate urine for controlled substances testing substance testings without a valid medical explanation after he or she has received notice of the requirement for urine testing or 3) engages in conduct that clearly obstructs the testing process. . b. Any bus driver employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, on a return to duty or follow-up test, or in a post-accident test where there has been injury or death involved, shall automatically be subject to dismissal under Article 19 23 of this AgreementAgreement or stated elsewhere in District Policy. In these circumstances the employee shall immediately, following the Xxxxxx meeting pre-disciplinary conference on the notice of charges, be suspended without pay or benefits, pending the employee's appeal request. . c. In all other circumstances outlined in the types Section 1: Types of testing Testing "b" through "d" above, the employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, higher will be subject to discipline under Article 19 23 of the Collective Bargaining Agreement, or as stated elsewhere in District Policy. The employee may be subject to a suspension, without pay or benefits, of up to thirty (30) calendar days during which the employee shall be required to enroll in, and complete at his/her own expense, a substance abuse rehabilitation program. After the employee has successfully completed the rehabilitation program, as verified by his/her substance abuse counselor, the employee shall undergo a return-to-duty test for alcohol or drugs, as indicated, and shall be subject to unannounced follow-up alcohol and/or drug tests.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Consequences. Any employee refusing to submit to an alcohol or drug test shall be immediately removed from service and shall be considered insubordinate and will be subject to discipline under Article 19 16 of the Collective Bargaining AgreementAgreement or the discipline policies stated elsewhere in Board Policy. Refusal to submit means that a driver 1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement requirements for the breath testing, 2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing or 3) engages in conduct that clearly obstructs the testing process. Any bus driver employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, on a return to duty or of follow-up test, or in a post-accident test where there has been injury or death involved, shall automatically be subject to dismissal under Article 19 16 of this AgreementAgreement or stated elsewhere in Board Policy. In these circumstances the employee shall immediately, following the Xxxxxx meeting on the notice of charges, be suspended without pay or benefits, pending the employee's ’s appeal request. In all other circumstances outlined in the types of testing "b" through "d" . 15.8.1.3 above, the employee who tests positive for controlled substances, or for a blood alcohol level of 0.02 or higher, will be subject to discipline under Article 19 16 of the Collective Bargaining Agreement, or as stated elsewhere in Board Policy. The employee may be subject to a suspension, without pay or benefits, of up to thirty (30) calendar days during which the employee shall be required to enroll in, and complete at his/her own expense, a substance abuse rehabilitation program. After the employee has successfully completed the rehabilitation program, as verified by his/her substance abuse counselor, the employee shall undergo a return-to-duty test for alcohol or drugs, as indicated, and shall be subject to unannounced follow-up alcohol and/or drug tests.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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