This Agreement, made and entered as of the1st December , 2005 by and between Axelrod Management Company, Inc., hereinafter called the "Employer", at45 West 139th Street, New York,New York 10037, (hereinafter called the “building”) and the SPECIAL PATROLMAN’S BENEVOLENT ASSOCIATION, LOCAL 1, (hereinafter called the "UNION.)"
ARTICLE I - COVERAGE OF AGREEMENT
This Agreement shall apply only to Special Patrol Officers, Sergeants and Lieutenants defined in this Agreement, employed in the Special Patrol Department by the Employer at the building, excluding all other supervisors as defined in the National Labor Relations Act.
ARTICLE II - UNION RECOGNITION
The Employer recognizes the Union as the exclusive collective bargaining representative of the employees covered by this Agreement, for the purpose of collective bargaining.
ARTICLE III - UNION SPECIAL PATROL OFFICERS
It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing and those who are not members on the effective date of this Agreement shall, on the thirtieth day following the effective date of this Agreement become and remain members in good standing in the Union. It shall also be a condition of employment for all employees covered by this Agreement and hired on or after its effective date shall, on the thirtieth day following the beginning of such employment become and remain members in good standing in the Union. An employee shall be considered a member of the Union in good standing if she/he tenders periodic dues and initiation fees uniformly required as a condition of membership.
Upon receipt by the Employer of a letter from the Union's President requesting any employee's discharge because he has not met the requirements of this Article, unless the Employer questions the propriety of so doing, said employee shall be discharged within fifteen (15) days of said notice if prior thereto he does not take proper steps to meet said requirements.
The Union will hold the Employer harmless from any liability arising from a discharge requested by the Union pursuant to this Article.
ARTICLE IV - DEDUCTION OF UNION DUES
The Employer and the Union agree that with respect to each employee who has authorized or may authorize the Employer to do so, the Employer after the effective date of this Agreement will deduct from the weekly wages due the employee following the receipt by the Employer from the Union of such authorization signed by the employee and provided such authorization is received at least two (2) weeks prior to the first weekly pay day, while the employee is actively employed and is receiving regular weekly pay and during the period specified in such authorization, weekly Union dues, and assessments in the amount specified by the Union, and will remit same to the Union within ten (10) days from the beginning of the month following the month the dues were deducted. Initiation Fees shall be deducted on a weekly basis until paid for new members of the Union, in accordance with the schedule supplied to the Employer by the Union.
Any employee desiring such deduction be made from his compensation shall sign a written assignment in the form agreed upon between the Employer and the Union and the Union shall file same with the Employer.
The Union agrees to save the Employer harmless and to indemnify it against any and all demands, claims, law suits or any other form or forms of liability that shall arise out of or by reason of any and all action taken by the Employer in accordance with the provisions of the individual authorization submitted to it by the employee or employees under the provisions of this Article.
ARTICLE V - INSPECTION PRIVILEGES
Authorized agents of the Union not in the employ of the Employer shall have reasonable access to the Employer's property during working hours for the purpose of adjusting disputes, investigating working conditions and ascertaining that the Agreement is being adhered to; provided, however, that there shall be no interruption of work schedules or the Employer's business.
ARTICLE VI - NO DISCRIMINATION
There shall be no discrimination against any present or future employee by reason of race, creed, color, sex, national origin, age, disability in accordance with applicable law, national origin, sex, union membership, or any other characteristic protected by law, including claims made pursuant to Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, the New York City Human Rights Code or any other similar laws, rules or regulations. All such claims shall be subject to the grievance and arbitration procedure in this Agreement as the sole and exclusive remedy for violations. Arbitrators shall apply appropriate law in rendering decisions based upon claims of discrimination.
ARTICLE VII - MANAGEMENT RIGHTS
1. General - The Employer has and retains all rights of management not specifically relinquished or modified by the provisions of this collective bargaining agreement, and the management of the business and the direction of the working forces including but not limited to the exclusive right to direct, supervise, plan and control the employees covered hereunder, to maintain order, discipline and efficiency; to hire, promote, demote, transfer employees within the property, to layoff, to suspend or discharge employees for reasons that are not arbitrary or capricious: and the right to introduce or change or eliminate methods, procedures, equipment or facilities, to hire new or replacement employees at the weekly wage rate herein provided; and to exercise rights regarding the employees not inconsistent with the provisions of this Agreement.
2. Drug Testing - The Employer may implement a drug-testing plan. A copy of this plan is attached as Exhibit A.
ARTICLE VIII - NO STRIKE OR LOCKOUT
During the period of this Agreement the Employer will not lock out any employee and the Union will not direct nor permit any members to engage, participate in or in any way assist in any stoppage of work, slow-down, strike, demonstration or any other action the effect of which may be to impede or interfere with the operations of the Employer, or to incite sympathy or protests concerning the relations between the parties. The term "strike" shall be deemed to include a demonstration of any nature against the Employer and shall include such as are termed "sympathetic" as well as any cessation or reduction of the normal operation of the property by a group of employees for the purpose of coercing the Employer. The Employer agrees that if the Union takes disciplinary action against any member guilty of a violation of this paragraph the Union shall not be liable in any suit for damages because of such violation.
ARTICLE IX - SCHEDULES AND DUTIES
Changes in schedules shall not be considered a violation of this Agreement. However, management agrees to cooperate with the Union to the extent possible in any new scheduling and agrees to give the Union at least two (2) weeks' notice.
Except in emergencies, the Employer agrees to post a five (5) day notice of change of scheduled days off.
It shall be the duty and obligation of the Special Patrol Officers to enforce the rules, regulations and patrol procedures promulgated by management and to protect the property of management as well as the safety of persons on the premises. These aforesaid Special patrol duties shall in no way serve to relieve the Special Patrol Officers of any of the related duties currently or previously performed by them and will not restrict management's right to direct the Special patrol force in a manner consistent with the duties and obligations as outlined above.
Any employee called into work by the Employer for any time not consecutive with his regular schedule shall be paid for at least four hours of overtime.
ARTICLE X - NEW SPECIAL PATROL EMPLOYEES
A. Regular Employees
It is agreed that Management will take reasonable care in checking the background of new employees at the time of hire or within a reasonable time thereafter and will provide training for the Special Patrol force.
B. Vacation Relief Employees
Vacation relief employees shall be compensated at a rate of 60% of the current contract rate for a period not to exceed nine months.
ARTICLE XI - EMPLOYEE DISCIPLINE
Any employee may be entitled to Union representation during an accusatory interview or disciplinary hearing if the employee requests such representation. In the event that management reprimands a member the Employer shall notify the Union in writing.
ARTICLE XII - GRIEVANCE PROCEDURE
Adjustment of complaints, disputes, controversies and grievances concerning the interpretation, application or performance of any of the terms and provisions of this Agreement, including discharge of an employee employed more than nine (9) months, shall be undertaken in accordance with the following procedure:
1. All grievances shall be presented in writing by either party to the other within five (5) days of its occurrence, excluding Saturdays, Sundays and Holidays.
2. An employee, with the Union’s, authorization, shall present a grievance to the Employer Representative prior to or after the end of the employee's or the shop steward's tour of duty within five (5) days of the occurrence.
3. If the grievance is not disposed of within seven (7) days, the Union shall, within three (3) days thereafter, request a meeting with a Representative of the Employer to review the grievance. Such request shall be in writingand specify the nature of the grievance. The Employer Representative shall meet with the employee and Union Representative to review the grievance within ten (10) days after the receipt of said request. The Employer may forward Management's decision in writing to the Union within twelve (12) days after such review.
4. Within five (5) days after such decision has been forwarded to the Union, the Union shall give written notice to the Employer indicating its dissatisfaction with such decision, and requesting a conference between an officer of the Employer and an official of the Union or their designees. Such designees, if any, shall not exceed in number two (2) each, and in no event shall the employee involved be a designee of the Union. Such conference shall be held within ten (10) days after receipt by the Employer of such notice. The written decision of the officer of the Employer shall be forwarded to the Union within twelve (12) days after such conference.
5. The request of the Union for consideration of any grievance involving an employee shall be in writing and include, as a part thereof, an authorization and consent signed by the employee or ex-employee involved, expressly authorizing the representatives of the Union to act in his behalf, and expressly consenting that any and all matters discussed with them shall be considered privileged and that the Employer in discussing such matters with them is doing so at his express request and shall be free of any liability whatsoever arising therefrom or as a consequence thereof.
6. In the event that either party fails to take a grievance to the next higher step within the specified limits of Article XIV, the grievance shall be considered settled.
ARTICLE XIII - ARBITRATION
1. In the event that a grievance cannot be adjusted or resolved through the procedure set forth in Article XV, it may be referred by either party to this Agreement to an arbitrator from the following list: Randi Lowitt, John Anner and Howard Edelman. Arbitrators shall be requested and assigned in rotation, subject to availability.
Arbitrators shall be chosen by rotation in accordance with their availability.Hearings shall be held at the Realty Advisory Board on Labor Relations, Inc. unless the parties agree otherwise.
2. In arbitrating discharge grievances, the Arbitrator shall determine whether Employer’s actions were “arbitrary and capricious.”
3. The Union and the Employer shall share equally the administration costs of such proceedings assessed by the Arbitrators, and the expense of the stenographer and the fee, if any. Each party shall assume the expense of its own representatives.
4. Unemployment Insurance Benefits shall be credited against any award of back pay rendered in Arbitration under this Agreement.
ARTICLE XIV- WAGES, HOURS AND OTHER WORKING CONDITIONS
1.Salary and Wage Increases:
a.Special Police Officers
The regular weekly rate for Special Police Officer employees covered by this Agreement shall be as follows:
Effective December 1, 2005- $674.42
Effective December 1, 2006- $688.92.
Effective December 1,, 2007-$703.92
b.Special Police Sergeants and Lieutenants
Effective December 1, 2005-$727.00
Effective December 1, 2006-$741.50
Effective December 1, 2007-$756.50
c. All of the Special officers specified above shall receive a one-time payment of $1200 if they were employed without interruption from April 1, 2005 to December 1, 2005.
2. Hours - The normal straight-time payroll work week shall consist of forty (40) hours in five (5) days of eight (8) hours each. Subject to applicable rules, overtime at the rate of time and one-half (1 1/2) of the straight-time hourly rate shall be paid for hours worked in excess of eight (8) hours per day or forty (40) hours per payroll week.
3.No Pyramiding - In no event shall there be any pyramiding of overtime pay, sick pay, holiday pay, differential pay or any other premium pay or benefit and where such pay is due for more than one reason, it shall be computed on the basis to give the greater amount.
4. Method of Payment - Wages shall be paid once a week either by check or in cash.
ARTICLE XV - SICKNESS BENEFITS
1. After one full year of employment any regular full-time employee with at least ONE (1) year of service (as defined in section 4 below) in the Building and under this Agreement, shall receive in a calendar year from the Employer ten (10) paid sick days per year from the first day of bona fide illness. Employees between their one-year anniversary of employment until the end of that calendar year shall receive a pro-rata share of sick days. At the Employers discretion, a doctor’s certificate can be demanded and the employee shall comply.
2. An employee who checks out during a scheduled work day will receive pay only for the time he/she worked on that day. The first day of sick absence will be considered to be the employee's next scheduled work day following the day of check out, if he/she continues to be ill.
3. Employees who have continued employment to the end of the calendar year and have not used all sickness benefits shall be paid in each succeeding January, one day’s pay for each such unused day.
4. For the purpose of this Article, ONE year's employment shall be reached on the anniversary date of employment. Employees who complete ONE year of service after January 1 shall receive a pro-rata share of sickness benefits for the balance of the calendar year.
5. If an employee informs the Employer that he is requesting Workers Compensation benefits then no sick pay shall be paid to such employee unless he/she requests such payment in writing.
6. All payments set forth in this Article are voluntarily assumed by the Employer, in consideration of concessions made by the Union with respect to various other provisions of this Agreement, and any such payment shall be deemed to be a voluntary contribution or aid within the meaning of any applicable statutory provisions.
7. Employees will notify the dispatcher four (4) hours in advance of his shift in the event of absence.
ARTICLE XVI - FAMILY BEREAVEMENT
A regular, full-time employee with at least one (1) year of continuous employment at the Building shall not be required to work for a maximum of three (3) working days immediately following the death of his parent, brother, sister, spouse, child and shall be paid his regular, straight-time wages for any such three days on which he was regularly scheduled to work, or entitled to holiday pay.One day off with pay shall be granted to attend the funeral of a deceased current brother-in-law or sister-in-law or grandparent.
ARTICLE XVII - JURY DUTY
Employees shall be paid the difference between the fee received by them for acting as jurors and their regular straight-time pay for each day of jury service. In order to be eligible for such payment by the Employer, the employee must report by telephone or otherwise to his supervisor every day during the jury service when he is discharged or excused from serving less than the greater part of the court day and shall report back to work on his supervisor's instructions. Employees employed on shifts other than the day shifts shall also be paid the said difference in pay and shall be excused from work, provided they have served during the same day the greater part of that court day as a juror. The Employer will make payment hereunder to the employee involved only for one period of jury service every three (3) years.
ARTICLE XVIII - TERMINATION PAY
In case of termination of employment because of the employee's physical or mental inability to perform his duties or from reduction in force, the employee shall receive, in addition to his accrued vacation credits, termination pay according to years of continuous service with Axelrod Management Co., Inc. as follows:
Employee with 5 and less than 10 years ... 1 weeks' pay
Employee with 10 and less than 12 years ... 2 weeks' pay
Employee with 12 and less than 15 years ... 3 weeks' pay
Employee with 15 and less than 17 years .... 6 weeks' pay
Employee with 17 and less than 20 years ... 7 weeks' pay
Employee with 20 and less than 25 years ... 8 weeks' pay
Employee with 25 years or more ................ 10 weeks' pay
Any employee who is physically or mentally unable to perform his duties may resign and receive the above termination pay provided he submits satisfactory evidence of such inability at the time of termination. In the event the Employer does not deem the evidence satisfactory, such question may be submitted to grievance and arbitration.
The right to accept termination pay and resign where there has been a reduction in force, shall be determined by seniority, i.e., termination pay shall be offered to the employees (who shall have five (5) days to respond) and the most seniorin point of service who opts to be laid off shall receive the applicable termination pay. If no employee accepts the offer, the last employee or employees in seniority shall be terminated and shall receive the termination pay, if any, to which he or they are entitled. Upon receipt of these sums, the employee(s) shall execute a general release in favor of the Employer and all affiliated persons and entities.
ARTICLE XIX - WELFARE PLAN
Employees shall be enrolled in the Aetna US Healthcare Plan as discussed during negotiations. It is understood that the Union is the policy holder of the Plan and will arrange for bills to be forwarded to the Employer for covered employees. The Employer will hold the Union harmless from any claims or liability regarding coverage of employees or cancellation of the policy due to non-payment of premiums by the Employer. The Employer will assume all of the responsibility for the costs of this policy up to the amounts specified below.
The following rates are the rates to be paid by management:
a.Health Effective upon the execution of this agreement:
The monthly cap on health insurance and related benefits in the first and second year is $547 per month for each employee. The third year has a monthly benefits cap for health insurance and related benefits of $594 per month. Employees will have the option of reducing either their weekly rate or contributions to the Sep IRA in order to increase the monthly cap in their medical coverage.
Family$ 745.93 per month.
Single with Children$427.99per month.
b.Optical: $23.74 per month.
ARTICLE XX – SEP IRA PLAN
Contributions to the Annuity Plan for Special Patrol employees shall be as follows:
Effective December 1, 2005-$35 a week will be contributed for each employee;
Effective December 1, 2006-$35 a week will be contributed for each employee;
Effective December 1, 2007-$42 a week will be contributed for each employee.
Benefit Plan Increases – Any increase in the cost of the benefit plans, above, may be covered either by changes in the plans or by reducing the wage and/or annuity contribution by the amount necessary to pay the increased cost.
The parties understand that no contributions will be due any funds prior to December 1, 2005.
ARTICLE XXI - HOLIDAYS
New Years Day, Martin Luther King, Jr.’s Birthday, President’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veteran's Day, Thanksgiving Day, Christmas Day are recognized by the Employer as holidays.
Employees shall receive their straight-time pay for said holidays as such and any employee who is required to work on any such holiday shall receive additional pay at one and one-half times his regular straight-time hourly rate of pay for each hour worked.
To be eligible for holiday pay, the employee must work the scheduled day before and the scheduled day after the holiday. The Employer agrees that this clause is not applicable in any case where the employee is in a "pay status", i.e. vacation, family bereavement, jury duty, paid illness.
Any regular full-time employee whose regular day off, or one of whose regular days off falls on a holiday, shall receive an additional day's pay therefore, or, at the option of the Employer, an extra work-day off within ten (10) days immediately preceding or succeeding the holiday.
ARTICLE XXII- VACATIONS
1. Effective April 1, 2006, the Employer agrees to the following vacation plan for employees covered by this Agreement under the following schedule, subject to existing rules:
1 year but less than 5 years ............... 2 weeks
5 years but less than 15 years ............3 weeks
15 years but less than 21 years……...4 weeks
21 years……………………..21 working days
22 years ……………………22 working days
23 years…………………… 23 working days
24 years…………………… 24 working days
25 years or more …........................... 5 weeks
2. At the employer’s discretion, an employee appointed on and after January 1, but prior to April 1 of a calendar year may be granted a vacation of one (1) week in that year after six (6) months of continuous service. This is predicated on the expectation that the employee will perform his duties to the satisfaction of the Employer and continue in service beyond December 31 of the calendar year in which he was appointed.
3. Vacations must be taken during the appropriate calendar year and are not cumulative from one year to another.
4. In scheduling vacations, the Employer will give senior employees preference consistent with efficient operation, however, the times when each employee shall be scheduled vacation will be at the discretion of the Employer, and subject to the quotas established by the Employer for the maintenance requirements of the Housing Development.
5. Any employee terminating service on or before March 31 of any calendar year, except an employee terminated due to a reduction in force, will not be eligible for a vacation in that calendar year.
ARTICLE XXIII - SAVING CLAUSE
If any provision of this Agreement shall be held or declared to be illegal or of no legal effect, said provision shall be deemed null and void without affecting the obligations of the balance of the Agreement.
All references to the male gender shall be deemed to include the female gender.
ARTICLE XXIV – SPECIAL PATROLMAN STATUS
It is a condition of employment that all Special Patrol Officers hired must comply with the New York State Special Patrolmen Law and become Security Guards; those hired to become Special Patrol Officers must be able to pass a New York City Police Department investigation and be deputized by the New York City Police Department as a Special Patrolman and maintain this status for continued employment as Special Patrol Officers.
ARTICLE XXV- SUCCESSORS
In the event that the Employer transfers title, then as a condition of such transfer, Management agrees to give two weeks notice or in lieu thereof two weeks severance pay.
ARITICLE XXVI- SENIORITY
In case of layoffs, reduction in force, re-hiring of employees, and in filling vacancies and promotions, the employer will give preference to seniority, but training, ability, efficiency, appearance and personality for a particular job, shall also be considered. In order for the Union to prevail regarding a violation of this clause the arbitrator must find that the Employer’s action was arbitrary and capricous. Seniority shall be determined by the length of employment of an employee covered by this agreement.
ARTICLE XXVII- LEAVE OF ABSENCE
Once every five years, upon written application to the Employer and the Union, a regular full-time employee who has been employed more than five years, shall be granted a leave of absence not to exceed three months in the case of bona fide illness or injury, whether or not covered by Worker’s Compensation or Disability. When such employee submits proof before the expiration of such leave that he is physically and mentally able to resume work, he shall be upon one weeks’ prior written notice to the Employer, be then re-employed, without loss of seniority.
At the Employer’s option and discretion, the Employer may extend the leave of absence period for an additional three months.
All statutes and valid regulations about reinstatement and employment of veterans shall be observed.
ARTICLE XXVIII – COMPLETE AGREEMENT
This Agreement constitutes the full Agreement between the parties and, except as they may otherwise agree, there shall be no demand by either party for the negotiation or renegotiation of any matter covered or not covered by the provision hereof.
ARTICLE XXIX - TERM OF AGREEMENT
This Agreement shall be effective as of December 1, 2005 and shall continue in full force and effect, with no reopenings through , December 1, 2008.
Ninety (90) days before said expiration date, the parties shall enter into direct negotiations looking towards a renewal agreement.
In witness whereof, the parties have hereunto set their hands and seals.
AXELROD MANAGEMENT COMPANY, INC.
SPECIAL PATROLMAN’S BENEVOLENT ASSOCIATION, LOCAL 1
A – Drug Testing Policy
AXELROD MANAGEMENT COMPANY, INC.
Axelrod Management Company, Inc. (hereinafter the “Company”) is committed to ensuring the safe and efficient operation of our facilities and protecting the safety and well being of our employees.
We recognize that use of drugs by an employee poses dangers to both the employee and his/her co-workers. In order to eliminate the safety and health risks which result from being under the influence of drugs or alcohol, we are adopting the following policy and procedures regarding drug and alcohol use.
IIGENERAL STATEMENT OF POLICY
A. The possession of illegal drugs or alcohol during working hours or on Company time is inconsistent with the Company’s objective of operating in a safe and efficient manner. Accordingly, no employee, agent, contractor, or visitor shall have in their possession illegal drugs or alcohol during working hours or on Company property at any time. Any employee violating this provision will be subject to discipline up to and including discharge.
B. Any employee who comes to work under the influence of illegal drugs, a drug prescribed for someone else, or alcohol presents a potential danger to themselves and their fellow employees and undermines the Company’s safe and efficient operation. Such an employee will be subject to discipline up to and including discharge unless he/she is eligible for and successfully completes a Company approved rehabilitation program as provided for in Section IV below.
III. REASONABLE CAUSE DRUG TESTING
A.In cases where the actions, appearance or conduct of an employee leads the Company to believe that the employee is under the influence of controlled substances, the Company may require the employee to take a drug test unless such employee agrees to accept one-time rehabilitation pursuant to Section IV, B of this policy, without taking a test.
B. The urine sample will be tested in a drug testing laboratory certified by the National Institute on Drug Abuse.
C.The results of the test will be reviewed by a physician designated by the Company (referred to as the “Medical Review Officer” or “MRO”) who will review possible alternate medical explanations for a positive test result. Before making a final decision, the Medical Review Officer will discuss the test results with the employee. This review may include a medical interview with the employee and a review of his/her medical history. If the test result is negative, or if it is positive but the MRO concludes that there was a satisfactory medical explanation for the positive result, the employee and the Company’s Anti-Drug Plan Manager will be notified by the MRO of his/her conclusion. The notice to the Company will advise that the test results were negative without further explanation. Such notice will be given by the MRO at the time that a positive result would otherwise have been communicated.
D: Any employee who refuses to be tested will be subject to discharge for gross insubordination, unless the employee has opted for one-time rehabilitation under Section IV, B as provided in paragraph A of this Section. The employee will also be presumed to have tested positive and subject to discharge under Section II, B of this policy.
A. Amnesty Period – For the term of this Agreement, an amnesty period will be in effect. During the amnesty period any employee who identifies himself/herself as a substance abuser to the Company’s Anti-Drug Plan Manager will not be subject to discipline, but will be required to take leave without pay and enter a Company approved rehabilitation program. The amnesty period applies only to an employee who identifies himself/herself as a substance abuser before any for-cause drug testing has been initiated; an employee who discloses substance abuse upon being asked to take a drug test will not be covered under the amnesty policy. The expense of rehabilitation will be covered to the extent provided, if at all, under the terms of the Union’ s Welfare Fund plan in effect at the time of the test. The employee’s self-identification as a substance abuser, and his/her participation in a rehabilitation program, will be kept confidential. Upon successful completion of a Company-approved rehabilitation program, the employee will be allowed to return to his/her original position without loss of seniority. An employee successfully completing rehabilitation will be subject to post-rehabilitation testing as described in sub-section E, below.
B. Rehabilitation – Any employee who tests positive during a reasonable cause test or chooses rehabilitation instead of a testwill be given the opportunityof rehabilitation instead of discipline on a one-time basis.
C. Testing Positive After Rehabilitation – Any employee who tests positive within sixty (60) months of completingrehabilitation will be discharged unless the employee had self-identified during the amnesty period. Such an employee will be given a second opportunity for rehabilitation.
D. The Rehabilitation Program – Employees who choose a rehabilitation will be required to take leave without pay and enter a Company-approved rehabilitation program. The expense of rehabilitation will be covered to the extent provided, if at all, under the terms of the Union’s medical plan in effect at the time of the test. The employee’s participation in a rehabilitation program will be kept confidential. Upon successful completion of a Company-approved rehabilitation program, the employee will be allowed to return to his/her original position without loss of seniority. An employee successfully completing rehabilitation will be subject to post-rehabilitation testing as described in sub-section E, below.
E. Post Rehabilitation Testing – Any employee who successfully completes a Company-approved rehabilitation will be subject to up to sixty (60) months of post-rehabilitation testing. The time, place, frequency and duration of testing will be determined exclusively by the Medical Review Officer.
A. Reasons for Discipline – An employee will be subject to discipline up to and including discharge for any of the following:
1. Refusing to submit to any reasonable cause or post-rehabilitation test.
2. Refusing to enter a Company-approved rehabilitation program after testing positive.
3. Failing to complete successfully a rehabilitation program.
4. Testing positive within sixty (60) months of having completed a Company-approved rehabilitation program unless the rehabilitation programs was initiated during the amnesty period. An employee who originally entered a rehabilitation program during the Amnesty Period will not be terminated if he/she tests positive during a reasonable cause or post-rehabilitation test within sixty (60) months of having completed his/her first rehabilitation program. That employee will, however, be discharged if he/she tests positive within sixty (60) months of having completed his/her second rehabilitation program.
A. “MRO” means Medical Review Officer.
B. “Illegal Drug” means any drug whose sale, use or possession is unlawful.
C. “Over-the-counter-drug” means a drug which may be purchased without a prescription in the United States and/or Canada.
D. “Prescription Drug” means a drug which has produced the employee’s confirmed positive test result which was legally prescribed for such employee’s personal use by his/her personal physician. Such employee will be required to submit written proof of his/her prescription, which has caused the confirmed positive test result, if required by the MRO.
E. “Prescription drug of abuse” means a drug which has produced the employee’s confirmed positive test result which was prescribed by a licensed medical doctor for a person other than such employee.
TO ALL SUPERVISORS:
PROCEDURE TO BE FOLLOWED FOR EMPLOYEE WHO IS UNDER THE INFLUENCE
Listed below is the procedure to be followed in situations where an employee appears to be under the influence of alcohol, drugs or controlled substances, or both. In an effort to establish if a violation of Company rules and regulations has occurred, all inquiries should be made according to the following procedure.
1. Make a preliminary determination as to whether an employee “appears” to be under the influence of an alcoholic beverage, drugs, including controlled substances and prescriptions, or both. If you determine on a preliminary basis that the employee is under the influence of alcohol, drugs, or both, proceed with the following steps.
2. If available, get another supervisor or management representative to personally escort the employee to the Supervisor’s office. Whenever possible, more than one supervisor or management representative should be present throughout the procedures described below.
3. Notify the Union of the problem, if available, and give them an opportunity to be present at the Supervisor’s office during the following procedures.
4, Ask the questions in the sequence indicated on the attached sheet, “Questions for Suspected Substance Abusers.”
5. Complete the “Observation Checklist” where applicable (attached).
6. Complete the “Opinion Based on Observations” checklist (attached).
7. If you conclude that the employee does not appear to be under the influence of alcohol or drugs, including controlled substances and prescription drugs, and he/she is able to perform his/her duties, then have the employee return to his/her work station.
8. If you conclude that the employee is under the influence of drugs, ask the employee if he/she will agree to one-time rehabilitation under this policy without the necessity of taking a test or if he/she will submit to a drug test and sign the attached “RELEASE” of the attached “AGREEMENT FOR ONE-TIME REHABILITATION”. If the employee refuses to sign the release or agree to one-time rehabilitation, tell him/her that employees who refuse to submit to drug or alcohol tests or one-time rehabilitation are subject to discharge and that tests cannot be administered unless the release is executed. Also tell him/her that the Company will presume that employees who do not submit to drug or alcohol tests or agree to one-time rehabilitation are under the influence and are unable to perform their job.
9. Contact the General Manager, or the Lieutenant of Security or the Supervisor of the Watch, who will arrange to have the employees, transported a site for the collection of a urine sample, if drug testing is elected. If the employee agrees to one-time rehabilitation and signs for such rehabilitation, send him/her home for the remainder of the shift and tell him/her to contact the General Manager or the Chief of Security to arrange for rehabilitation prior to returning to work.
QUESTIONS FOR SUSPECTED SUBSTANCE ABUSERS
1. Are you feeling ill ?_____________________
If yes, what are your symptoms ? ______________________________________
Voluntary Submission to Drug Testing and the Release of Findings and Information
I, (Print name) ___________________________________, voluntarily agree to provide a urine specimen for drug analysis. Furthermore, I authorize the release of the test results to AXELROD MANAGEMENT COMPANY, INC. , or any of its representatives. By this authorization, I do hereby release any physician, medical personnel, hospital, medical center, clinic, specimen collectors, etc., AXELROD MANAGEMENT COMPANY, INC. , or any of its representatives from any and all liabilities arising from the release or use of the information derived from or contained in my physical examination and test results.
I, (Print name) ___________________________________, voluntarily agree to submit to one-time rehabilitation under the Axelrod Management Company, Inc. Drug Testing Program rather than undergo drug testing, without admission as to whether or not I am presently under the influence of alcohol or drugs. I understand that by accepting this rehabilitation that I will not be permitted to return to work until I successfully complete drug/alcohol rehabilitation under my medical plan, or if not covered by my medical plan at my own expense, and that I will not be paid for the time spent in such rehabilitation.