COLLECTIVE BARGAINING AGREEMENT Between NEW YORK UNIVERSITY And LOCAL ONE
SECURITY OFFICERS UNION
July 1, 2001 - June 20, 2006
ARTICLE 29 - SUBSTANCE ABUSE POLICY
It shall be the agreement between the Employer and its security employees that
the Substance Abuse Policy as described below shall take effect June 21, 2002.
Among the provisions, the Substance Abuse Policy consists of both Random Drug
Testing and Reasonable Suspicion Drug Testing (also referred to as drug testing
for cause).
A. Definitions
For the purpose of this article the following definitions shall apply.
1. Random Drug Testing – means testing security employees on an unannounced,
random basis without reasons.
2. Reasonable Suspicion – means that the employer believes, based on specific
observations, including but not limited to, the employee’s appearance, behavior,
or speech that the employee has violated the prohibitions of this policy concerning
the illegal use or abuse of drugs or controlled substances. These observations
may include indications of the effects of the use or abuse of drugs or controlled
substances.
3. Certified Laboratory – means a laboratory certified by the U.S. Department
of Health and Human Services (“DHHS”) which meets the DHHR’s “Mandatory Guidelines
for Federal Workplace Drug Testing Programs”, as amended.
4. Chain of Custody – means procedures to assure the integrity of each urine
specimen by tracking its handling and storage from point of specimen collection
to final disposition of the specimen. With respect to drug testing, these procedures
require that a chain of custody form be used from time of collection to receipt
by the laboratory. Upon receipt by the laboratory of the specimen, an appropriate
chain of custody form will account for the sample within the laboratory. Chain
of custody forms must, at a minimum, include an entry documenting the date and
purpose when a specimen or portion of the specimen is handled or transferred
and identifying every individual in the chain of custody.
5. "Employer Vehicle" – means an automobile, truck, van and any other power-mechanized
vehicle including scooters.
6. "Employer Test" – in drug testing, means a second analytical procedure to
identify the presence of a specific controlled substance or metabolite that
is independent of the screening test and that uses a different technique and
chemical principle from that of the screening test in order to ensure reliability
and accuracy. The secondary analytical procedure uses a gas chromatography/mass
spectrometry (GC/MS) or equally reliable method to ensure reliability and accuracy
of test results.
7. "Controlled Substance" and "Drug" – are used interchangeably in this policy
and mean marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP) and
any other substance included in Schedules 1 through V, as defined by section
812 of Title 21 of the United States Code, as they may be revised from time
to time. The term “controlled substance” and/or “drug” includes legal substances
obtained illegally and/or used in an unauthorized manner, but does not refer
to the proper use of controlled substances authorized by law which do not affect
job safety or performance.
8. "Conviction" – means a finding of guilt, including a plea of nolo contendere,
or the imposition of sentence, or both, by any judicial body charged with the
responsibility to determine violations of the Federal and State criminal drug
statutes.
9. "Criminal Drug Statute" – means a criminal statute involving the manufacture,
distribution, dispensation, use or possession of any controlled substance.
10. "Employee" – means full-time and part-time bargaining unit employees currently
employed by the employer and all other employees, except those covered by another
collective bargaining agreement, currently employed in the Protection and Transportation
Department.
11. "Medical Review Officer" ("MRO") – means a licensed physician (medical
doctor or doctor of osteopathy) responsible for receiving laboratory results
generated by an employer’s drug testing program. The MRO must have knowledge
of substance abuse disorders and appropriate medical training to interpret and
evaluate an individual’s confirmed positive test result, medical history and
any other relevant biomedical information.
12. "Negative Test Result" – in drug testing, means a result reviewed by a
MRO that has no evidence of prohibited drug use.
13. "Positive Test Result" – in drug testing means a drug test result reviewed
by a MRO and verified to have evidence of prohibited drug use.
14. "Refuse To Submit" – means that the individual (1) fails to provide urine
or an adequate amount of urine for drug testing without a valid medical explanation
after he or she has received notice of the requirement for testing in accordance
with the Employer Substance Abuse Policy, or (2) engages in conduct that clearly
obstructs the testing process, or (3) fails to complete the drug testing required
forms.
15. "Screening" or "Initial Test" - means for drug testing an immunoassay screen
to eliminate "negative" specimens from further consideration.
16. "Workplace" – means a site for the performance of work to be done in connection
with the Employer's business. This includes, but is not limited to, all structures
and surrounding properties at which the Employer conducts its business, any
Employer vehicles or equipment whether owned, leased, or used, whether or not
on Employer premises, and any other location in which Employer work or business
is performed.
B. Substance Abuse Policy
Prohibited Conduct Concerning Illegal Drugs
1. Employees are prohibited from engaging in the unlawful or unauthorized
use, manufacture, distribution, dispensation, sale or possession of illegal
drugs or controlled substances in the workplace including: on Employer's premises,
in Employer's vehicles, or while engaged in Employer activities, or while working
for the Employer at the premises owned/leased or controlled by the Employer.
2. Employees are prohibited from reporting for duty, or remaining on duty when
the employee uses, or is under the influence of any drugs, except when the use
is pursuant to a doctor’s orders and the doctor has advised the employee that
the substance does not adversely affect the employee’s ability to safely perform
his or her duties and responsibilities.
3. Employees are prohibited from continuing to work if they have tested positive
for illegal drugs.
4. No supervisor who has actual knowledge that an employee has or is engaging
in the unauthorized use of controlled substances while in the workplace shall
permit the employee to continue to work.
C. Prohibition Against Working or Reporting to Work While Using Any Legal
Drug Which Affects Safety or Performance
1. Use of any drug while engaged in Employer work activities is prohibited
to the extent such use may affect the safety of the University community, the
employee, co-workers and the public.
2. An employee using any medication that contains a controlled substance has
an obligation to inquire and determine whether the substance the employee is
taking may affect the employee’s ability to safely or efficiently perform the
employee’s duties and responsibilities.
3. Any such information must be reported to the Employer prior to the start
of the tour, without disclosing the identity of the substance.
4. An employee may continue to work, if the substance does not adversely affect
the employee’s ability to safely and efficiently perform the employee’s duties
and responsibilities. Employer shall not be required to make reasonable accommodation
associated with employee drug use.
D. Notification Drug Conviction
Employees must notify Employer of any criminal drug conviction within five
(5) days of such conviction.
E. Reasonable Suspicion Drug Test
1. An employee must submit to a reasonable suspicion drug test when a supervisor
believes that the employee has violated the drug prohibitions contained in this
policy. A reasonable suspicion determination must be based on specific, articulated
observations as described in Section A, Subsection 2. In addition, these observations
may include indications of the chronic and withdrawal effects of use or abuse
of drugs.
2. A reasonable suspicion determination for a drug test may be made at any
time the employee is at work.
3. The supervisor who makes a reasonable suspicion determination will not assist
in the drug testing procedure.
4. The Employer shall transport or ensure transportation for the employee as
soon as practical to the collection site for the collection of urine specimens.
5. The employee must submit to reasonable suspicion drug testing upon request.
6. Before an employee is required to submit to a drug testing for cause, an
independent observation by a supervisor of equal rank or higher must be made
to confirm the findings of reasonable suspicion.
7. Documentation of the observations leading to a reasonable suspicion drug
test must be prepared and signed by the supervisors who made the observations.
8. The employee will be suspended without pay after the completion of the drug
test, pending the test results. If the test results are negative, the employee
will be compensated for all time lost from work, which is directly attributable
to the request to take the test. However, no compensation shall be available
to an employee who is already on suspension at the time the employee takes the
test based upon conduct other than the suspected violation of the Employer’s
substance abuse policy. The Employer also reserves the right to evaluate the
conduct of the individual, which warranted the reasonable suspicion drug test
to determine if the conduct in and of itself should warrant discipline, up to
and including termination.
F. Self-Identification of Substance Abuse Problem
If an employee voluntarily has self-identified himself or herself as having
a drug problem and/or voluntarily requests assistance for such a problem before
being selected for a required drug test and the employee has not violated this
policy in any way, the Employer will refer such employee to an assistance or
rehabilitation program. The employee must satisfactorily complete any assistance
or rehabilitation program. Any costs associated with the program are the sole
responsibility of the employee. In addition, upon such employee’s return to
duty, he or she will be required to submit to a drug test and must receive a
negative result. Such employee also will be required to submit to follow-up
drug testing. The number and frequency of such follow-up testing shall be directed
by the Employer and consist of at least six (6) tests in the first 12 months
following the employee’s return to duty. Self-identification will not apply
after an employee has been selected for either testing for cause or random testing.
G. Laboratory Drug Testing Procedures
The Employer’s drug and testing procedures comply with the Federal Procedures
For Transportation Workplace Drug and Alcohol Testing Programs. These procedures
ensure the integrity, confidentiality and reliability of the testing processes,
safeguard the validity of the test results and ensure that these results are
attributed to the correct employee. Further, these procedures minimize the impact
upon the privacy and dignity of persons undergoing such tests to every extent
feasible.
A. Drug Testing Procedures
All drug tests conducted pursuant to this policy shall be performed by a certified
laboratory.
1. Confirmation and review of drug test results
(a) All prospective drug test results will be confirmed by gas chromatography
and maspectrometry (GC/MS). All confirmed positive drug test results will be
reviewed by a medical review officer ("MRO.") to determine whether there is
any legitimate explanation for the positive test result. This review shall include
medical interview, review of the employee’s medical history, or review of any
other relevant biomedical factors and all medical records made available by
the tested employees.
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(b) Employees testing positive will be given the opportunity to discuss with
the MRO any legitimate explanation for the positive test result. If the MRO
determines that there is a legitimate medical explanation for the confirmed
positive test result, the MRO will report the test result to the Employer as
negative. If the MRO determines that there are no legitimate explanations for
the confirmed positive test result, the results will be verified by the MRO.
(c) The MRO may verify a test as positive without having communicated directly
with the employee when:
i. the employee expressly declines the opportunity to discuss the test
or
ii. the designated Employer’s representative has successfully contacted the
employee and instructed the employee to contact the MRO and more than five
(5) days have passed since the employee was contacted by the Employer’s representative.
2. Right to have split specimen analyzed
All employees have the right to request, within 72 hours of being notified
by the MRO of a verified positive test result, that the split specimen be analyzed
in a different DHHS certified laboratory, for the presence of the drug(s) for
which a positive result was obtained. If the split specimen fails to reconfirm
the presence of the drug(s) found in the primary specimen, the MRO shall report
the test result as negative. An employee who requests that the split be tested
must pay for the cost of the split specimen.
3. Inability to provide adequate amount of urine specimen
The employee must provide at least 45 milliliters of urine for a drug test.
If the employee is unable to provide such a quantity of urine, then the employee
will be instructed to drink a set amount of fluid and after a period of up to
two hours, again attempt to provide a complete specimen. If the employee is
still unable to provide an adequate specimen, the MRO will refer the employee
for a medical evaluation. If the MRO determines that there is no legitimate
medical explanation for the employee’s failure to provide an adequate amount
of urine, this will constitute a refusal to submit to a test and the employee
will be terminated.
H. Consequences for Policy Violations and Refusal to Submit to a Test
1. Positive Test Results
Any employee who receives a confirmed positive drug test result will be terminated,
except an employee who receives a confirmed positive drug test result as a result
of a random test and who has not previously violated the policy in any way will
be treated as a person who has “self identified” as having a substance abuse
problem as set forth in paragraph F of this policy.
2. Refusal to Submit
Refusal by an employee to complete the drug testing forms, to provide a specimen,
or an adequate amount of specimen, or otherwise cooperate with the testing process
in a way that prevents the completion of the test will constitute a refusal
to submit to a test and the employee will be terminated.
3. Altered Or Substituted Urine Specimens
An employee found to have altered or substituted a specimen will be terminated.
I. Notification of Test Results
Employees will be advised of drug test results if the results were verified
positive and which drug or drug(s) were verified as positive.
The current designated drug-testing laboratory for the purpose of this agreement
is:
STERLING TESTING SYSTEMS
254 West 31st Street, 6th Floor
New York, New York 10001
J. Access to Records and Confidentiality of Test Results
The Employer will maintain records of all test results, both positive and
negative, in a secure location with controlled access. The laboratory may disclose
drug test results only to the MRO. The MRO may disclose test results only to
the individual tested, designated Employer representatives, a treatment program,
or a court of law or administrative tribunal to the extent required by law.
Beyond that, results shall not be released to any person without the individual’s
written consent. In addition, an employee, upon written request, may obtain
copies of any records pertaining to the employee’s drug use, including test
records. The Employer will promptly provide the records requested by the employee.
K. Inspection
Employees suspected of illegal drug use shall cooperate in any official investigation.
All property used by employees including desk, file cabinet, lockers, and employer
vehicles shall be the subject of an inspection without notice. All inspections
will be conducted in the presence of a union member.
L. Consent of Employees
All employees are required to consent to drug testing and/or inspections pursuant
to these policies as a condition of employment and continued employment. Consent
to drug testing and searches include an employee’s obligation to fully cooperate.
Upon request, such person must promptly complete any required forms and releases
and promptly provide a sample for testing.
M. Employer Random Drug Testing Procedure
1. All current and future full-time and part-time Security Officers/Security
Specialists and all other persons in the Protection and Transportation Services
Department (except those covered by a different collective bargaining agreement
than Local One) who are employed by the Employer shall be the subject of random
drug testing and reasonable suspicion drug screening to detect the use of illegal
drug or controlled substances. Employer may randomly test up to five (5) employees
in each calendar month. If an employee is selected for a random test he/she
would not be subject for selection for the next one hundred twenty (120) consecutive
days. Effective July 1, 2004, he/she would not be subject to selection for the
next ninety (90) consecutive days.
2. Random Drug Testing shall occur during twenty-four (24) unspecified intervals
(no more than two intervals per month), where security employees will be randomly
tested using a sampling methodology to detect the illegal use of drug/controlled
substances covered by this agreement. Random Drug Testing shall be conducted
throughout the year on a random unannounced basis. Testing shall occur at a
time consistent with designated platoon assignments. Security Employees will
be selected for random drug testing by a process that ensure that each covered
employee has an equal chance of being tested each time selections are made.
Employee will be tested only for illegal drugs or controlled substances. No
other substances, such as alcohol, will be screened.
3. The designated laboratory shall perform the random selection of security
employees for random drug testing. The interval used will be at the discretion
of the designated laboratory. The selection of officers to be tested on a random
basis shall be accomplished by placing only the social security numbers of all
security employees, except clerical employees covered by other collective bargaining
agreements, in a computer program used by the designated laboratory to produce
a random selection of up to five (5) employees during any calendar month covered
by this agreement.
4. On the day when the employee/s are to be tested, a list of employee social
security numbers will be generated at random until a sufficient number of employees
are available to meet the established guidelines.
5. When employees are randomly selected and the Employer is notified by the
laboratory, the Employer will make the proper entries in a “Confidential Drug
Test Log” and immediately notify the officers who are scheduled for testing.
Arrangements will be made to have a supervisor in the rank of sergeant or above
escort selected officers to the testing site consistent with the provisions
of this agreement.
6. Employees must report for testing as scheduled and if assigned to the Second
Platoon, within three (3) hours of notification during lab hours of operation.
Employee will report to the Protection and Transportation Services Department
Human Resources Representative or a designee at 7 Washington Place, 2nd Floor,
where Employer will make arrangements to transport employee to the laboratory-testing
site and back to the location of their time clock.
7. At the test site, employee will be required to prepare all forms associated
with the testing process. Employees scheduled for testing will present their
authorized NYU Identification card and test authorization form to the designated
lab representative. Failure to comply with any of the above instructions will
be deemed a “Refusal to Cooperate” and will be grounds for immediate suspension
and termination.
8. Security Officers assigned to the First Platoon (2300 – 0700 hours) shall
report to the Protection and Transportation Human Resources Representative at
7 Washington Place, 2nd Floor immediately following their tour of duty unless
there exists a defensible absence excuse as listed in Section N of this agreement.
Arrangements will be made to escort employees to the designated testing site.
Employees will be paid from the end of their tour until they are returned to
their time clock.
9. Security Officers assigned to the Second Platoon (0700 – 1500) shall report
to the Protection and Transportation Human Resources Representative at 7 Washington
Place, 2nd floor, immediately upon notification unless there exists a defensible
absence as listed in Section N of this agreement. Arrangements will be made
to escort employees to the designated testing site.
10. Security Officers assigned to the Third Platoon (1500 – 2300 hours) shall
report to the Protection and Transportation Human Resources Representative at
7 Washington Place, 2nd Floor, at the start of the tour unless there exists
a defensible absence as listed in Section N of this agreement. Arrangements
will be made to escort employees to the designated testing site.
N. Defensible Absences
Employees selected for random drug testing pursuant to this procedure must
appear for the scheduled testing unless absences are the result of:
1. Training outside the City of New York
2. Authorized Military Leave
3. Jury Duty
4. Currently on authorized Sick Leave
5. Annual Vacation
6. Regular Day Off
7. Documented Death-in-family
8. Designated laboratory not open for business
9. Severe Weather
10. Documented Transportation Failure
Employees who are selected for drug testing must provide written documentation
within 30 days to the Employer regarding the above defensible absences. Employees
who fail to appear due to a defensible absence will be rescheduled for a drug-screening
test within 20 days of return to duty on a date determined by the Employer.
O. The Employer Shall be Responsible for Scheduling and Administration of
Drug Screening When Reasonable Suspicion Exists Involving the Use of Illegal
Drug or Controlled Substances
1. When it is determined that an employee is suspected of using illegal drug
or controlled substances and a drug screening test is warranted, follow the
procedure outlined in Section “M” sub-sections 5 through 10 of this Article.
P. Overtime
Employees reporting for testing other then on his or her regularly scheduled
tour will be entitled to at least four (4) hours of overtime.
Q. Confidentiality
The positive and negative test results received by employer through its drug
testing program are confidential communication and may not be used by others
except such test results may be used in administrative or disciplinary proceedings,
hearings, arbitrations, civil litigations arising from the positive test result
or employee initiated action.
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