Out of service from reasonable drug test

Mugarolla

Light 'em up!
First time dui in the central region you get ONE time rehabilitation chance. You have to jump through hoops with a SAP but you keep your job. Let me emphasize ONE 1. If you get charged twice your gone period. I'm referring to alcohol

Incorrect.

That's how it used to be. Under the latest contract you get 3 chances.

Correct.

Never heard of that not saying your wrong.Lot of companies one and done

A lot of companies do, but the contract changed to allowing once every 5 years or 3 times in a lifetime.

I only became aware of it when a driver in my group got his second DUI, it was right after the current contract was approved and we all thought he was gone because under the last contract he would have been. Big surprise when the BA said "Nope, new rules say he gets 3 chances".

Correct.

Our DM has been very vocal about this policy------one you get help, two you're gone.

Incorrect. I'm not surprised you do not know this, but your DM is also wrong.

You and your DM are wrong. Again.....

Correct.

National Master

Article 16

Section 5. Rehabilitation Program - Leave of Absence

An employee shall be permitted to take a leave of absence for the
purpose of undergoing treatment in an approved program for alcoholism
or substance abuse. Employees may use the United Parcel
Service Employee Assistance Program (EAP), a Union sponsored
rehabilitation program, as well as any other referral service in
choosing an approved program for treatment.

Employees shall be permitted to take advantage of a rehabilitation
program once every five (5) years, three (3) times lifetime
maximum, under all conditions of this Article.


The leave of absence must be requested prior to the commission of
any act subject to disciplinary action except as provided in Article
35, Section 3 and Section 4. The leave of absence shall be for a
maximum of ninety (90) days; additional time may be granted if it
is mutually agreed between the Company and the Union, or requested
by the Substance Abuse Professional (SAP). While on such
leave, the employee shall not receive any of the benefits provided by
this Agreement, Supplements, Riders and/or Addenda, except the
continued accrual of seniority.
 

Mugarolla

Light 'em up!
Whatever.

There is no whatever about it.

If I misunderstood what you said, I apologize. But there is no misunderstanding what you said.

Cause I don't think just a positive drug test is a fire able offense.

Yes it is. No ands, ifs or buts.

I mean you can test positive for drugs and not be impaired.

It does not matter whether you are impaired or not, a positive test is a dischargeable offense.
 

BakerMayfield2018

Fight the power.
But yet he continues to comment on contract language when he has no clue.


Almost as bad as @upschuck commenting on anything.
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john chesney

Well-Known Member
Incorrect.



Correct.



A lot of companies do, but the contract changed to allowing once every 5 years or 3 times in a lifetime.



Correct.



Incorrect. I'm not surprised you do not know this, but your DM is also wrong.



Correct.

National Master

Article 16

Section 5. Rehabilitation Program - Leave of Absence

An employee shall be permitted to take a leave of absence for the
purpose of undergoing treatment in an approved program for alcoholism
or substance abuse. Employees may use the United Parcel
Service Employee Assistance Program (EAP), a Union sponsored
rehabilitation program, as well as any other referral service in
choosing an approved program for treatment.

Employees shall be permitted to take advantage of a rehabilitation
program once every five (5) years, three (3) times lifetime
maximum, under all conditions of this Article.


The leave of absence must be requested prior to the commission of
any act subject to disciplinary action except as provided in Article
35, Section 3 and Section 4. The leave of absence shall be for a
maximum of ninety (90) days; additional time may be granted if it
is mutually agreed between the Company and the Union, or requested
by the Substance Abuse Professional (SAP). While on such
leave, the employee shall not receive any of the benefits provided by
this Agreement, Supplements, Riders and/or Addenda, except the
continued accrual of seniority.
Be careful there is a big difference between going to rehab before you get a dui and after.Yes you can go to rehab before you get a dui 3 times the way I read it. Leave must be requested BEFORE any ack subject to disciplinary action
 

Mugarolla

Light 'em up!
Maybe where you're at, not here. Rehab.Once.Then you test hot and you're out. You should know better, all things are not the same everywhere.

Like I said before, if I misunderstood your question, I apologize. We were seemingly talking about different scenarios.

You are correct that if you test positive on a "random" (feeder drivers only), you are not immediately terminated. You are given a one time rehab shot.

The issue we were discussing was reasonable cause testing, the OP's situation.

If you test positive on a reasonable cause or post accident, it is grounds for immediate termination, everywhere, whether you are impaired or not.

National Master

ARTICLE 35

Section 3.13 Disciplinary Action

Employees may be subject to discipline up to and including discharge
as provided below if they test positive for drugs specified
elsewhere in this Article.

1. Reasonable Cause Testing

(a) A positive test is a dischargeable offense unless the Union and
the Employer expressly agree to a lesser penalty. Any such agreement
will not be precedent setting.

(b) Refusal to submit to a reasonable cause drug test is a dischargeable
offense.

2. Post-Accident Testing

(a) A positive test is a dischargeable offense.

(b) Refusal to submit to a post-accident drug test is a dischargeable
offense.

3. Random Testing

(a) 1st offense - A positive test shall result in a warning letter (subject
to successful completion of rehabilitation).

(b) 2nd offense - A positive test is a dischargeable offense.

(c) Refusal to submit to a random drug test is a dischargeable
offense.

3. Pre-qualification

(a) 1st offense - A positive test shall result in disqualification/not
considered for feeder list until the next feeder driver school is conducted
(subject to successful completion of rehabilitation).

(b) 2nd offense - A positive test is a dischargeable offense.
 

Mugarolla

Light 'em up!
Be careful there is a big difference between going to rehab before you get a dui and after.Yes you can go to rehab before you get a dui 3 times the way I read it. Leave must be requested BEFORE any ack subject to disciplinary action

No. UPS cannot discipline you for receiving a DUI off the clock.

You have 3 chances for rehab for a DUI received on your own time.

The way the contract reads, what you may be confused on, is that if you receive a DUI while driving a UPS vehicle, on the clock, you are subject to disciplinary action so you are not afforded the opportunity to go to rehab to save your job.
 
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