Specific Understandings Clause Samples

The 'Specific Understandings' clause defines particular agreements or interpretations that both parties have reached regarding certain aspects of their contract. This clause typically outlines unique terms, clarifies ambiguous points, or addresses special circumstances that differ from standard contract provisions. For example, it may specify how a particular service will be delivered or clarify the meaning of a technical term used elsewhere in the agreement. Its core function is to ensure that both parties have a mutual and explicit understanding of key issues, thereby reducing the risk of future disputes or misunderstandings.
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 negati...
View SourceView Similar (3)
Specific Understandings. 1. The parties acknowledge that Board Policy 5202 and the accompanying Administrative Procedure 5202P shall govern the administration of the testing program. The parties further acknowledge that laws and regulations supersede Board Policy and Administrative Procedures, and that the District's drug and alcohol testing program shall be conducted in accordance with and employees shall retain all rights under such laws and regulations. 2. Employees selected for random testing shall be determined by a blind, confidential selection process administered by the vendor in accordance with Board Policy 5202, Administrative Procedure 5202P and all applicable laws and regulations. 3. The privacy of tested employees shall be safeguarded in a manner that is consistent with all applicable laws and regulations. 4. Any disciplinary action or discharge that is a consequence of an employee's results on a drug or alcohol test shall be in accordance with collective bargaining agreement provisions (including but not limited to the "just cause” and due process provisions), Board policy and procedure, and all applicable laws and regulations. 5. Consequences of an employee's test results showing a blood alcohol level of between .02 and .04 include the employee not being permitted to drive until the start if the employee’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Further disciplinary action or intervention or other prescriptive action may be taken, especially for multiple test results falling within the range of .02 to .04.
View SourceView Similar (2)
Specific Understandings. 1. The parties acknowledge that Board Policy 5202 and the accompanying Administrative Procedure 5202P shall govern the administration of the testing program. The parties further acknowledge that laws and regulations supersede Board Policy and Administrative Procedures, and that the District's drug and alcohol testing program shall be conducted in accordance with and employees shall retain all rights under such laws and regulations. 2. Employees selected for random testing shall be determined by a blind, confidential selection process administered by the vendor in accordance with Board Policy 5202, Administrative Procedure 5202P and all applicable laws and regulations. 3. The privacy of tested employees shall be safeguarded in a manner that is consistent with all applicable laws and regulations. 4. Any disciplinary action or discharge that is a consequence of an employee's results on a drug or alcohol test shall be in accordance with collective bargaining agreement provisions (including but not limited to the "just cause” and due process provisions), Board policy and procedure, and all applicable laws and regulations. 5. Consequences of an employee's test results showing a blood alcohol level of between .02 and .04 include the employee not being permitted to drive until the start if the employee’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Further disciplinary action or intervention or other prescriptive action may be taken, especially for multiple test results falling within the range of .02 to .04. 6. An employee's use or possession of a controlled substance other than marijuana in accordance with a current prescription shall not constitute a violation of Board Policy or Administrative Procedure unless such use adversely affects the employee's ability to perform the employee’s duties in a safe and productive manner. Consequences of an employee's test result showing a blood alcohol level of greater than .04 or positive controlled-substance drug test include: • Referral to and evaluation by a substance abuse professional, who shall determine what, if any assistance is needed by the employee; • Retesting, with a blood alcohol level of less than .02 for alcohol-related test failure, or a verified negative drug test for controlled-substance related test failures, before the employee is allowed to return to work; and • A follow-up evaluation with the substance abuse professional to determine that t...
View SourceView Similar (2)
Specific Understandings. Notwithstanding the foregoing provisions, the following understandings and agreements apply to the covenants set forth in this Article XI:
View Source
Specific Understandings. The parties acknowledge that Board Policy 5202 and the accompanying Administrative Procedure 5202P shall govern the administration of the testing program. The parties further acknowledge that laws and regulations supersede Board Policy and Administrative Procedures, and that the District's drug and alcohol testing program shall be conducted in accordance with and employees shall retain all rights under such laws and regulations.
View Source
Specific Understandings 
View Source

Related to Specific Understandings

  • Project Understanding Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONSULTANT.

  • Complete Understanding The terms and conditions set forth in this Agreement represent the full and complete understanding between the parties. The terms and conditions may be modified only through the written mutual consent of the parties.