R2024-362 Resolution Authorizing Collective Bargaining Agreement for Pay and Benefits - AFSCME Council 31 and Local 268, General Service Employees

Home Browse Search

Section 10. Random drug testing in accordance with the standards and procedures of the Federal Commercial Motor Vehicle Safety Act and any regulations duly promulgated there under will be conducted for the classifications listed below: Crew Chief Water Plant Operator I Service Worker Water Plant Operator III Equipment Operator Lead Fleet Mechanic Fleet Mechanic Chief Water Plant Operator Maintenance Mechanic II Instrumentation and Controls Technician Maintenance Technician I Laboratory Technician Maintenance Technician II Section 11. Discipline. All discipline in situations involving a positive drug/alcohol test in accordance with Section 10 above shall be administered as specified below: (a) First Positive. In the first instance that an employee tests positive on the confirmatory test for drugs or is found to be under the influence of alcohol, the employee may be subject to a suspension not to exceed thirty (30) calendar days. (b)Second Positive. Employees who test positive on the confirmatory test for drugs or alcohol on a second occasion within a five-year period shall be subject to discharge. The employee's Department Director is hereby empowered to impose such penalty, and neither the Civil Service Commission nor an arbitrator shall have jurisdiction to review, set aside or modify such penalty. This Section 11 shall in no way limit discipline by the employer for just cause. Section 12.Work Place Violence. Employees who engage in potentially violent behavior shall be required to attend the employee assistance program (EAP). ARTICLE 20 GRIEVANCES Section 1. Definition. A grievance is hereby defined as an actual dispute between the City and the Union or an employee covered by this Agreement concerning only the application, meaning or interpretation of the express terms of this Agreement as they affect the members of the Union or said employee. Section 2. Procedure. Step One:The Union or any employee covered by this agreement may submit a grievance in writing to an immediate non-bargaining unit supervisor on a form agreed to by both the City and the Union. The grievance shall state in simple and concise terms the nature of the dispute and shall specify the portion of the agreement which the union or the employee feels is being violated. The immediate non-bargaining unit supervisor shall respond in writing within ten (10) business days with his decision. A "business day", for the purposes of this Article shall be any day on which the City's administrative offices are open and conducting business. Step Two. If the union is not satisfied with the immediate non-bargaining unit supervisor's response, the written grievance may be referred to the Division Manager within ten (10) business days after immediate non-bargaining unit supervisor's decision. The grievance filed must be spe- cific as to the contract section or sections that was violated and the nature of the dispute. The 30