Common use of Discipline and Due Process Clause in Contracts

Discipline and Due Process. Confirmed positive tests are for administrative purposes only and are not to be used against the employee during any phase of criminal proceeding. Any employee whose drug test result is confirmed as positive and who then is charged administratively by Management, will receive due process and be afforded representation as prescribed in Article 25. Any attempt on the part of Management to influence any approved drug testing facilities or employees of those facilities in an effort to circumvent the provisions of this section, shall be considered a breach of this Agreement and shall allow the Union to initiate a Step 4 grievance within thirty (30) days following the date the employee or the Union first became aware of such conduct. After five (5) years from the date of an employee passing a return to duty test or the date of the last positive drug or alcohol tests, whichever date is later, a confirmed positive drug or confirmed positive alcohol test result shall be removed from the employee’s file upon the request of the employee and shall not be considered in subsequent determination of discipline. It is further understood that a substance abuse professional (SAP) may require follow-up testing for five (5) years.

Discipline and Due Process. ‌ Confirmed positive tests are for administrative purposes only and are not to be used against the employee during any phase of criminal proceeding. Any employee whose drug test result is confirmed as positive and who then is charged administratively by Management, will receive due process and be afforded representation as prescribed in Article 25. Any attempt on the part of Management to influence any approved drug testing facilities or employees of those facilities in an effort to circumvent the provisions of this section, shall be considered a breach of this Agreement and shall allow the Union to initiate a Step 4 grievance within thirty (30) days following the date the employee or the Union first became aware of such conduct. After five (5) years from the date of an employee passing a return to duty test or the date of the last positive drug or alcohol tests, whichever date is later, a confirmed positive drug or confirmed positive alcohol test result shall be removed from the employee’s file upon the request of the employee and shall not be considered in subsequent determination of discipline. It is further understood that a substance abuse professional (SAP) may require follow-up testing for five (5) years.