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Article 24: Drug and Alcohol Policy

Collective Bargaining Agreement for Security Employees

24.1

The College is required to maintain a drug/alcohol-free workplace in accordance with the Drug-Free Workplace Act of 1988. Possession, consumption, and/or being under the influence of drugs or alcohol while on duty or on the Colleges premises is prohibited. Employees who test positive for drugs or alcohol while on duty will be terminated from their employment with the College. Employees are required to cooperate with all testing procedures as a condition of employment. Failure to cooperate will result in the employees termination of employment at the College.

24.2

The parties recognize that drug abuse violations by Security personnel are a safety hazard. The parties further recognize that such violations constitute a security risk to the College, constitute a violation of ethical standards expected of Security personnel, and may constitute criminal activity.

24.3

The Colleges response to an allegation of an officer being under the influence of drugs and/or alcohol while on duty will be based on reasonable suspicion and shall result in the removal of the officer from his/her post pending further investigation and testing. Officers who are removed from their post or other duty, will be placed on administrative leave with pay pending the completion of the investigation.

24.4

In order to protect the rights of both the employees and the College, CNM will obtain the services of a third party contractor to take samples and administer alcohol and drug testing. Such contractor shall be qualified in accordance with industry standards for such business.

24.5

Drug/alcohol testing of the officers will be the result of reasonable suspicion as it relates to the employees actions, appearance, behavior, speech or body odor indicating possible violations of the Colleges drug/alcohol policies or in compliance with a random drug/alcohol testing program. Testing will not be for capricious purposes.

24.6

Testing will not occur on the employees day off (unless returning to work for a prescheduled extra duty assignment) or other non-administrative leave period unless such testing is periodic testing as part of a return to work agreement pursuant to an employees self referral to the Employee Assistance Program. Other than self-referral situations, all testing will be administered on paid time.

24.7

The College shall maintain alcohol and drug-free awareness programs to inform employees about the risks and issues of substance abuse. Information and referral for treatment will be available through the Employee Assistance Program. The College will observe confidentiality regarding requests by employees for any type of substance abuse counseling information or assistance.

24.8

The College, at its sole discretion, may administer drug/alcohol testing when there is reasonable suspicion that an employee is in possession of, consuming or under the influence of drugs and/or alcohol. A referral for testing will be based on contemporaneous, articulable observations of the employees actions, appearance, behavior, speech or body odor. Such referrals will be made by personnel who have received training concerning the signs and symptoms of drug/alcohol abuse. Failure of an employee to cooperate in such testing shall result in the employees termination.

24.9

It is recognized that the College will promulgate additional drug/alcohol policies including but not limited to post accident testing and random drug testing procedures in order to ensure a drug/alcohol-free workplace. Prior to the implementation of additional policies and procedures, the Coalition will be given the opportunity to review the proposed policies and/or procedures and provide input to the Executive Director of Human Resources. All forms of testing will adhere to appropriate protocols to insure employees have an opportunity to identify any prescription or over the counter drugs or medications they are taking that may generate a false positive prior to the time the test is administered.

24.10

Employees who self refer for treatment due to substance abuse problems are subject to periodic substance abuse testing as a condition of continued employment and/or a return to work agreement.

24.11

The College will conduct random drug testing of the security department at a minimum of 5% and a maximum of 10% on a monthly basis. The first drug test will be 100% of Security Officers I.