Common use of First Positive Clause in Contracts

First Positive. By agreement of the parties, positive test results are viewed as serious violations of departmental rules and will be punished by suspension or discharge. Reprimand punishment is explicitly not available in these cases; in addition, the general principle of progressive discipline is not applicable. However, the very first time that an employee tests positive during the employee’s tenure with the City, and only if there are no other accompanying violations of law, City Rules, or Departmental Rules and Regulations, the employee shall not be discharged but shall be suspended. In the event an employee is suspended rather than being discharged, the suspension shall be conditioned on the employee agreeing to and complying with all of the following conditions and such other conditions as are reasonably related to compliance or rehabilitation: (a) Undergo appropriate treatment as determined by the physician(s) involved, up to and including a physician of the City/and or City's EAP Coordinator; (b) Discontinue use of illegal drugs or abuse of alcohol; (c) The employee agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to the City the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion of non-completion of treatment; (d) Complete the course of treatment prescribed, including an "after care" group for a period of up to 12 months; (e) Agree to submit to random testing during the period of "after care," and for a period of 12 months following the period of "after care". Such testing may be during work hours or non-work hours. If during non-work hours, the employee shall be compensated as for a call-back; (f) Agree that during this last chance, if the employee tests positive again or violates any other provision of the last chance agreement, the employee may be terminated.

First Positive. By agreement of the parties, positive test results are viewed as serious violations of departmental rules and will be punished by suspension or discharge. Reprimand punishment is explicitly not available in these cases; in addition, the general principle of progressive discipline is not applicable. However, the very first time that an employee tests positive during the employee’s tenure with the City, and only if there are no other accompanying violations of law, City Rules, or Departmental Rules and Regulations, the employee shall not be discharged but shall be suspended. In the event an employee is suspended rather than being discharged, the suspension shall be conditioned on the employee agreeing to and complying with all of the following conditions and such other conditions as are reasonably related to compliance or rehabilitation: (a) a. Undergo appropriate treatment as determined by the physician(s) involved, up to and including a physician of the City/and or City's EAP Coordinator; (b) b. Discontinue use of illegal drugs or abuse of alcohol; (c) c. The employee agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to the City the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion of non-completion of treatment; (d) d. Complete the course of treatment prescribed, including an "after care" group for a period of up to 12 months; (e) e. Agree to submit to random testing during the period of "after care," and for a period of 12 months following the period of "after care". Such testing may be during work hours or non-work hours. If during non-work hours, the employee shall be compensated as for a call-back; (f) f. Agree that during this last chance, if the employee tests positive again or violates any other provision of the last chance agreement, the employee may be terminated.