Common use of Grounds for Discipline or Termination Clause in Contracts

Grounds for Discipline or Termination. An employee bringing onto the Employer's premises or property, having possession of, being under the influence of, possessing in the employee's body, blood, or urine in the amount set forth in Section III, Parts C & D; purposely tampering or adulterating a specimen; or using, consuming, transferring, selling, attempting to sell or transfer any form of illegal drug as defined above while on city business, or at any time during the hours between the beginning and ending of the employee's working day, whether on duty or not, whether on city property or not, is guilty of misconduct and subject to discipline including discharge or suspension without pay from employment, even for the first offense. Failure to submit to required drug and/or alcohol tests is considered refusal to test and is grounds for discharge from employment. 1. The Employer will use the Federal Department of Transportation guidelines to determine a refusal to test in the case of shy bladder or shy lung. 2. In the case of shy bladder or shy lung, the employee, within 5 working days, must secure evaluation from a licensed physician as to whether or not there is a medical condition for a failure to provide sufficient specimen. 3. In the case of psychological cause, the diagnosis must have been made prior to the test. Diagnosis such as typical anxiety is not acceptable. Employees tested for reasonable suspicion may be placed on administrative leave status or placed in non-safety sensitive jobs pending the results of the required test and/or investigation. An employee with a negative result will be reinstated if suspended, with full back-pay and/or return to the same or equivalent position. A verified positive test will result in immediate disciplinary action up to and including termination of employment. However, if the employee's conduct in connection with the substance/alcohol abuse amounts to conduct for which the City may otherwise discipline the employee, the City may take action prior to knowing a positive test result. If the employee fails to complete the program, or fails to or cannot be rehabilitated, they may be terminated from their employment with the City.

Appears in 4 contracts

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

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