When a Test May Be Compelled Sample Clauses

When a Test May Be Compelled. There shall be no random, across-the-board, or routine drug testing of employees, except as provided by Section 26.6 or as is otherwise expressly agreed to in writing by the parties. Where there is reasonable suspicion to believe that an em- ployee is impaired due to being under the influence of drugs or alcohol while on duty, that employee may be required to report for drug/alcohol testing. When a company level officer has reasonable suspicion to believe that an employee is impaired due to being under the influence, that officer shall have the Assistant Chief or their designee confirm that suspicion prior to any order to submit to drug/alcohol testing. At the time the employee is ordered to submit to testing the City shall notify the designated Union Representative on duty and if none is on duty, the City shall make a reasonable effort to contact an off duty designated Union Representative. Refusal of an employee to comply with the order for a drug/alcohol screening will be considered as a refusal of a direct order and will be cause for disciplinary action up to and including discharge. It is understood that drug or alcohol tests may be required under the following conditions: (1) when an employee has been arrested or indicted for conduct involving illegal drug related activity on or off duty; (2) when an employee is involved in an on-the-job injury causing reasonable suspicion of illegal drug use or alcohol abuse; (3) when an employee is involved in an on-duty accident where there is reasonable suspicion of illegal drug use or alcohol abuse; (4) where an employee has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off-duty drug or alcohol abuse. The above examples do not provide an exclusive list of circumstances which may give rise to testing. Other circumstances may give rise to testing provided they conform to the reasonable suspicion standard.
Sample 1Sample 2See All (8)
AutoNDA by SimpleDocs
When a Test May Be Compelled. Because the federal Omnibus Transportation Employees Testing Act only applies to some employees covered by the collective bargaining agreement between the Employer and Union, a two tiered system will apply regarding this Section E and Sections F & G. In this Section E and the issues covered by Sections F (Reasonable Suspicion) & G (Order to Submit to Testing), all applicable provisions of the federal Omnibus Transportation Employees Testing Act shall be applied to those employees covered by said Act. For employees not covered by the federal Omnibus Transportation Employees Testing Act, the following shall apply: 1. There shall be no random, across-the-board, or routine drug testing of employees, except as part of treatment and/or after care. 2. Where there is reasonable suspicion to believe that an employee is impaired due to being under the influence of drugs or alcohol while on duty, that Employee may be required to report for drug/alcohol testing by either the City Manager, a Department Head, a non union supervisor, the Human Resources Director, or the City Attorney. At the time the employee is ordered to submit to testing, the Employer shall contact the Union Representative so that he/she may be present. If the designated Union Representative is unable to be present within thirty (30) minutes, then the Employee may be ordered to be tested in the presence of any Union member who volunteers. The Union shall provide the Employer with a list of the Union representatives to be contacted for this purpose and shall maintain it on an ongoing basis. All supervisory personnel authorized to compel a test shall receive the training required by the Omnibus Transportation Employees Testing Act. 3. Refusal of an Employee to comply with the order for a drug/alcohol screening will be considered a refusal of a direct order and will be cause for disciplinary action up to and including discharge. 4. It is understood that drug and alcohol tests may be required under the following conditions: a. When an Employee has been arrested or indicted for conduct involving illegal drug related activity on duty; b. When an Employee is involved in an on-the-job injury causing reasonable suspicion of legal or illegal drug use or alcohol abuse; c. When an Employee is involved in an on-the-job accident where there is reasonable suspicion of illegal drug use or alcohol abuse; or d. Where an Employee has experienced excessive absenteeism or tardiness under circumstances giving rise to reaso...
Sample 1
When a Test May Be Compelled. In addition to C.D.L. testing mandated by Federal law and suspicion-based testing described below, the City may engage in suspicion-less drug and/or alcohol testing of each bargaining unit member up to a maximum of two (2) such suspicion-less tests per employee per contract year. If no bargaining unit member tests positive in a confirmatory test during the first two years of this agreement, then the maximum number of suspicion-less drug and/or alcohol tests which may be conducted of each bargaining unit member shall be reduced to one (I) per calendar year. However, if one (I) or more bargaining unit members test positive in a confirmatory test at any time during the life of this Agreement, then the maximum number of suspicion-less drug and/or alcohol tests which may be conducted of each bargaining unit member shall be two (2) per calendar year. For bargaining unit personnel subject to C.D.L. testing, the first or first and second annual random C.D.L. test(s) shall count as the employee's first or first and second suspicion-less test allowed in the first paragraph, above. If an employee's third or fourth
Sample 1Sample 2
When a Test May Be Compelled a. Reasonable Suspicion - Except as otherwise provided in this Article, employees shall not be subject to drug or alcohol testing unless there is reasonable suspicion to suspect that an employee is under the influence of drugs or alcohol. When a supervisor has reasonable suspicion to suspect that an employee is under the influence, that supervisor shall have his/her suspicion confirmed by a designated management representative (a representative of the Personnel Department) who has received adequate training in determining whether reasonable suspicion exists to require testing. If the suspicion is confirmed, the Union shall be notified and the Employer shall arrange for the drug or alcohol test. Management shall inform the employee being ordered to submit to the test of his/her right to consult with a Union representative before submitting to the test. b. Employees who perform safety-sensitive functions as defined by the U.S. Department of Transportation (functions requiring a Commercial Driver's License), shall be subject to the following forms of testing in accordance with DOT regulations:
Sample 1
When a Test May Be Compelled. The employer shall have the right to require an Employee to submit to alcohol and/or drug testing: 1) where the Employer has reasonable suspicion to believe that an Employee is then under the influence of illegal drugs or alcohol during the course of the work day, 2) randomly (in the case of Campus Police Officers), 3) in the case of an accident, 4) where the Officer is involved in an on duty shooting, 5) prior to a return to duty after an Employee has undergone alcohol and/or drug rehabilitation treatment, 6) as a follow up once an Employee has returned to duty after alcohol and/or drug rehabilitation treatment, 7) anytime the Officer discharges his/her firearm, and 8) when there is an officer-involved shooting. In addition the Employer has the right to require alcohol and/or drug testing as part of its pre-employment screening of applicants.
Sample 1
When a Test May Be Compelled. 1. Random Testing - Random testing can occur on any scheduled work day, when employees have an equal statistical chance of being selected for testing 2 Reasonable Suspicion - Where there is a reasonable suspicion to suspect that an employee is under the influence of drugs or alcohol or is impaired while on duty, that employee may be required to report for drug and alcohol testing. When a supervisor has reasonable suspicion to suspect that an employee is impaired or under the influence of drugs or alcohol, that supervisor shall have the Police Chief, or his designee, confirm that suspicion. If the suspicion is confirmed, the Police Department shall arrange for the drug or alcohol test at a time of the Chief's, or his designee's, discretion.
Sample 1
When a Test May Be Compelled. There shall be no across the board or random drug/alcohol testing of employees, except as otherwise provided in this Article. Where there is reasonable suspicion that an employee is under the influence of drugs/alcohol or there is evidence of impairment while on duty, that employee may be required to report for drug testing. A supervisor shall attempt, when reasonable, to have confirmation of reasonable suspicion from at least one other employee at which time the Fire Chief or his designee shall be notified. Refusal of an Employee to comply with the order for a drug/alcohol screening will be considered as a refusal of a direct order and may be cause for discipline up to and including discharge.
Sample 1
AutoNDA by SimpleDocs
When a Test May Be Compelled. CDL drivers may be subject to the following forms of testing: - Pre-employment. Drug and alcohol tests shall be performed on all applicants offered employment. Such offer of employment shall be conditioned upon the result of a negative result for the presence of controlled substances and for a result of .02 or less with respect to alcohol.
Sample 1
When a Test May Be Compelled 
Sample 1Sample 2Sample 3

Related to When a Test May Be Compelled

  • When Coverage May Be Chosen All employees must make their choice of employee medical and dental plans and choice of family coverage (if applicable) within thirty (30) calendar days of the date of initial employment in an insurance eligible position. The employee will automatically be enrolled in the basic life insurance coverage. Employees who become eligible for a full employer contribution must make their choice of employee or family medical and/or dental coverage within thirty (30) calendar days of becoming eligible. Employees who do not make an election within this period will have no coverage, and may not elect coverage until the next open enrollment period. An employee may change their medical or dental plan during the year if the employee changes to a new permanent residence or work location, and as a result of this change, the employee’s current plan is no longer available. When an employee receives notification of a work location change between the end of an open enrollment period and the beginning of the next insurance year, the employee may change their medical or dental plan within thirty (30) days of the date of the relocation under the same provisions accorded during the last open enrollment period. An employee or a retired employee, may also add dependent medical or dental coverage following the birth of a child or dependent grandchild, or following the adoption of a child without regard to the 30 day enrollment period. In addition, an employee or a retired employee may add family health or dental coverage within thirty (30) days of the following event: 1. If an employee or retiree becomes married, the employee or the retiree may add their spouse and any dependent children/grandchildren. 2. If the employee's spouse loses group medical or dental coverage, the employee may add their spouse and any dependent children/ grandchildren. 3. If the retiree’s spouse involuntarily loses group medical or dental coverage, the retiree may add their spouse and any dependent children/grandchildren.

  • When Adjustment May Be Deferred No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.

  • When De Minimis Adjustment May Be Deferred No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

  • When Issuance or Payment May Be Deferred In any case in which this Section 10 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

  • Who May be Deemed Owners Prior to the due presentment for registration of transfer of any Security, the Company, the Trustee, any paying agent and any Security Registrar may deem and treat the Person in whose name such Security shall be registered upon the books of the Security Registrar as the absolute owner of such Security (whether or not such Security shall be overdue and notwithstanding any notice of ownership or writing thereon made by anyone other than the Security Registrar) for the purpose of receiving payment of or on account of the principal of, premium, if any, and (subject to Section 2.03) interest on such Security and for all other purposes; and neither the Company nor the Trustee nor any paying agent nor any Security Registrar shall be affected by any notice to the contrary.

  • Purposes for Which Meetings May Be Called If Securities of a series are issuable as Bearer Securities, a meeting of Holders of Securities of such series may be called at any time and from time to time pursuant to this Article to make, give or take any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of such series.

  • Corporation and Warrant Agent May be Represented The Corporation and the Warrant Agent, by their respective directors, officers, agents, and employees and the Counsel for the Corporation and for the Warrant Agent may attend any meeting of the Registered Warrantholders.

  • Payments May Be Paid Prior to Dissolution Nothing contained in this Article Ten or elsewhere in this Indenture shall prevent (i) the Company, except under the conditions described in Sections 10.02 and 10.03, from making payments at any time for the purpose of making payments of principal of and interest on the Notes, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 10.02 or 10.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of, and interest on, the Notes to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the third sentence of Section 10.02(a) or in Section 10.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 10.02(a), 10.02(b) and Section 10.03

  • Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet If requested by the Representatives, the Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to the Representatives an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered Shares. As used herein, the term “electronic Prospectus” means a form of Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the Representatives, that may be transmitted electronically by the Representatives and the other Underwriters to offerees and purchasers of the Offered Shares; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to the Representatives, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time). The Company hereby confirms that it has included or will include in the Prospectus filed pursuant to XXXXX or otherwise with the Commission and in the Registration Statement at the time it was declared effective an undertaking that, upon receipt of a request by an investor or his or her representative, the Company shall transmit or cause to be transmitted promptly, without charge, a paper copy of the Time of Sale Prospectus.

  • States Served If Vendor answered "No" to the question entitled "National Coverage," please list all states where vendor can provide the goods and services proposed directly below. Your response may dictate which potential TIPS Member customers consider purchasing your offerings.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!