Second Positive. After two (2) violations of this policy, the employee shall be discharged from employment. Upon being convicted of the sale, distribution, manufacture or transfer of an illegal drug, or the illegal sale, distribution, manufacture or transfer of a controlled substance, or felony possession of a controlled substance or any other illegal drug by an employee, an employee shall be immediately dismissed. Upon being convicted of misdemeanor possession of any illegal drug or controlled substance, an employee will be subject to disciplinary action up to and including dismissal.
Second Positive. Employees who test positive for the presence of alcohol or any drugs from a second sample while under a last chance agreement shall be terminated.
Second Positive. If within one year of the First Positive, an employee again tests positive for either alcohol or drugs, the employee will be discharged pursuant to the terms of the Last Chance Agreement.
Second Positive. Employees for whom there is evidence of impairment due to drugs or alcohol during their working hours on two (2) occasions may be discharged, and the penalty shall not be subject to the grievance procedure. An employee who test positive for the presence of drugs or alcohol during their hours of work on two (2) occasions may be suspended, but only if the employee agrees to continue treatment and to the other conditions of such suspension as specified above.
Second Positive. Employees who test positive on the confirmatory test for drugs or alcohol on a second occasion shall be subject to discharge. If the employee is then undergoing treatment, as provided in A(l) and (3) of Section D.9 above, or if there are other mitigating circumstances (such as the absence of any adverse effect on job performance), the discharge penalty may be commuted to a suspension not to exceed thirty (30) calendar days.
Second Positive. An employee who has tested positive and has returned to work after successfully completing counseling or rehabilitation and who tests positive again under any provision of this Program will be terminated and placed on Inactive Status.
Second Positive. Employees who test positive on the confirmatory test for drugs or alcohol on a second occasion shall be subject to discharge without possibility of mitigation or commutation. The Chief is hereby empowered by contract to impose such penalty, and neither the Board of Fire and Police Commissioners nor an arbitrator shall have jurisdiction to review, set aside or modify such penalty.
Second Positive. Employees who test positive for the presence of alcohol or drugs from a second random drug sample, beyond the parameters of A above, shall be terminated. This section shall not be construed as an obligation on the part of the Town to retain an employee on active status throughout the period of treatment and "after-care." Such employee shall be afforded the opportunity, at his/her option, to use accumulated paid leave or take an unpaid leave of absence during treatment and "aftercare."
Second Positive. Termination of employment
B. For all other conclusive positive tests and default positive tests shall be handled in the following manner :
Second Positive. An employee who has a first confirmed positive test under Section 9.9A and who within the following five (5) years has a confirmed positive test shall be discharged, which discharge shall be final and binding on the Union and the employee and the penalty shall not be subject to the grievance procedure in the collective bargaining agreement.
