Random Testing. Notwithstanding any provisions of the Collective Agreement or any special agreements appended thereto, section 4.6 of the Canadian Model will not be applied by agreement. If applied to a worker dispatched by the Union, it will be applied or deemed to be applied unilaterally by the Employer. The Union retains the right to grieve the legality of any imposition of random testing in accordance with the Grievance Procedure set out in this Collective Agreement.
Random Testing. During the workday, all members are subject to random testing for drugs and alcohol as identified on the respective randomly selected lists. The annual number of such random tests shall not exceed 20% of the number of members covered by this Contract as of January 1 of any given year. Such tests shall be spread reasonably throughout the year. The City shall contract with an outside contractor who shall select members for random testing using a scientifically valid method and lists of members supplied by the City each month. Members notified of their selection for random testing shall proceed immediately to the collection site. Members who are on leave, vacation, or already absent at the time of their selection will be excused but remain subject to future random testing.
Random Testing. An employee in a test-designated position may be selected at random from a pool comprised of test-designated positions covered by this Agreement. The number of urinalysis drug screenings performed at random each calendar year may not exceed 15% of the number of test-designated positions in the pool. The number of alcohol breath tests performed at random each calendar year may not exceed 15% of the number of test-designated positions in the pool.
Random Testing. The random test employee group shall be the aggregate of all employees who hold a valid Commercial Driver’s License (C.D.L.) including regular drivers, substitute drivers and mechanics. The minimum annual percentage rate of random testing shall be 25% of the average size of this group annually for alcohol testing and 50% for controlled substance abuse. The random selection process shall insure that each employee shall have an equal chance of being tested each time selections are made. The employer shall ensure that random drug tests are unannounced and that the dates for administering these tests are spread reasonably throughout the calendar year. Upon notification each driver must proceed to the test site immediately or, if performing safety-sensitive functions, as soon as possible. If testing is required, drivers will be given one hour of paid time at the employee’s hourly rate for the testing process. (To be reviewed annually.) Drivers will be tested just before or just after the performance of safety-sensitive functions.
Random Testing. The method used to randomly select employees for alcohol testing shall be neutral, scientifically valid and in compliance with DOT regulations. The annual random testing rate for alcohol use shall be the rate established by the Administrator of the FMCSA. In the event of a grievance or litigation, the Employer shall, upon written request from the employee, release to the employee and the Union (in its capacity as representative of the grievant and as a decision maker in the grievance process), information required to be maintained under the DOT alcohol testing regulations and arising from the results of an alcohol test which is subject to release under the regulations. The parties agree that no effort will be made to cause the system and method of selection to be anything but a true random selection procedure ensuring that all affected employees are treated fairly and equally. Employees subject to random alcohol testing shall be tested within one (1) hour prior to starting the tour of duty, during the tour of duty, or immediately after completing the tour of duty. Employees who are on long-term illness or injury leave of absence, disability or vacation shall not be subject to testing during the period of time they are away from work.