Common use of Specific Understandings Clause in Contracts

Specific Understandings. A. The parties acknowledge that Department of Transportation/FMCSA regulations, and District Board Policy 5260 and accompanying administrative procedures, shall govern the administration of the testing program. B. The privacy of tested employees shall be safeguarded in a manner consistent with the federal requirements of the testing program. C. Drivers who violate the prohibitions of Section II, or who test positive for alcohol or controlled substances are subject to disciplinary action up to and including termination without prior warning. An employee shall have the right to use the grievance/arbitration procedure to challenge any aspect of the testing procedures. Substitute drivers can follow the grievance procedure, but not arbitration. D. The testing program does provide for consequences for alcohol test results showing a reading between .02 and .04. These include that the employee shall not be permitted to drive until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Any time missed as a result of this occurrence shall be accompanied by a loss of pay for the employee. Further, disciplinary action or intervention or other prescriptive action may be taken for such a test result, especially for multiple occurrences of testing within this range of .02 and .04. E. The parties agree that compliance with testing requirements is a condition of employment. Any refusal to submit to a test (as defined in District Board Policy 5260 and accompanying administrative procedures) shall be deemed a positive test and handled accordingly. Adulteration of a sample will be considered a refusal to test, a deliberate obstruction to the testing, and subject to immediate suspension without pay and recommendation for termination. F. The District will consider the employee on District-paid time for time spent directed to participate in the testing program when the test is a "random" or "for cause" (reasonable suspicion, post accident, return-to-duty, and follow-up) tests. Any required documentation to substantiate the employee's time for such testing shall be completed by the employee as directed. G. The costs for "random" and "for cause" testing shall be borne by the District. All other tests (pre-employment, return-to-work, and follow-up tests, as well as any employee's requested test of split samples) shall be the individual's cost (an exception is when the split sample test comes back negative). All tests, with the exception of the split sample, must be done through the District-designated laboratory. H. Any required assessment and/or subsequent treatment by the employee shall be at the employee's expense. I. If the terms or conditions of the testing program are modified due to changes in the DOT and FMCSA regulations, the changes will be discussed with appropriate Union prior to formal policy or procedure adoption/revision.

Specific Understandings. A. The parties acknowledge that Department of Transportation/FMCSA regulations, and District Board Policy 5260 and accompanying administrative procedures, shall govern the administration of the testing program. B. The privacy of tested employees shall be safeguarded in a manner consistent with the federal requirements of the testing program. C. Drivers who violate the prohibitions of Section II, or who test positive for alcohol or controlled substances are subject to disciplinary action up to and including termination without prior warning. An employee shall have the right to use the grievance/arbitration procedure to challenge any aspect of the testing procedures. Substitute drivers can follow the grievance procedure, but not arbitration. D. The testing program does provide for consequences for alcohol test results showing a reading between .02 and .04and.04. These include that the employee shall not be permitted to drive until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Any time missed as a result of this occurrence shall be accompanied by a loss of pay for the employee. Further, disciplinary action or intervention or other prescriptive action may be taken for such a test result, especially for multiple occurrences of testing within this range of .02 and .04. E. The parties agree that compliance with testing requirements is a condition of employment. Any refusal to submit to a test (as defined in District Board Policy 5260 and accompanying administrative procedures) shall be deemed a positive test and handled accordingly. Adulteration of a sample will be considered a refusal to test, a deliberate obstruction to the testing, and subject to immediate suspension without pay and recommendation for termination. F. The District will consider the employee on District-paid time for time spent directed to participate in the testing program when the test is a "random" or "for cause" (reasonable suspicion, post accident, return-to-duty, and follow-up) tests. Any required documentation to substantiate the employee's time for such testing shall be completed by the employee as directed. G. The costs for "random" and "for cause" testing shall be borne by the District. All other tests (pre-employment, return-to-work, and follow-up tests, as well as any employee's requested test of split samples) shall be the individual's cost (an exception is when the split sample test comes back negative). All tests, with the exception of the split sample, must be done through the District-designated laboratory. H. Any required assessment and/or subsequent treatment by the employee shall be at the employee's expense. I. If the terms or conditions of the testing program are modified due to changes in the DOT and FMCSA regulations, the changes will be discussed with appropriate Union prior to formal policy or procedure adoption/revision.