Agreement - Teamsters Local 399
Agreement - Teamsters Local 399 Agreement - Teamsters Local 399
(g) Dispute Resolution (1) “No-show” Hearing Panel An individual who fails to proceed to a testing facility within the time mandated by applicable DOT regulations when notified that he is required to take a random controlled substance test (a “noshow”) shall be deemed to have tested positive. All such failures to test shall be subject to the rule of reasonableness. If CSATF or a Consenting Producer determines that such failure to test was reasonable under the circumstances or beyond the control of the individual, the failure to test shall not be deemed a positive test. Where applicable, documentation may be required by CSATF or a Consenting Producer to establish that the failure to test was reasonable or beyond the control of the individual. In order to challenge a no-show determination made by CSATF or a Consenting Producer, an individual on the Industry Experience Roster who claims that his failure to test was reasonable or beyond his control must take, within twenty-four (24) hours after first being notified that he was required to test, on his own time and at his own expense, a substitute controlled substance test at a CSATFapproved collection facility. If the individual has executed all paperwork required for the result of the substitute test to be forwarded to CSATF and the result of the substitute test is negative, then, the Union may, within ten (10) business days following its receipt of notice from CSATF that the individual was removed from the Industry Experience Roster as a result of a failure to report for random controlled substance testing, submit to CSATF a written protest of the removal and request that a hearing panel comprised of two (2) representatives appointed by CSATF and two (2) representatives appointed by the Union be convened to meet and review the circumstances and determine whether the failure to test was reasonable or beyond his control. Between the time that the negative result of the substitute test has been provided to CSATF and the decision (or deadlock) of the hearing panel, the individual shall be temporarily reinstated to the Industry Experience Roster. Any decision by a simple majority of the hearing panel shall be final and binding upon all parties. If the hearing panel deadlocks, the individual may then proceed to arbitration under Paragraph 85.1(g)(2) below. The individual shall remain temporarily reinstated to the Industry Experience Roster pending the decision of the arbitrator. An individual seeking to challenge a no-show determination may not proceed to arbitration under Paragraph 85.1(g)(2) unless the matter was first submitted to a hearing panel in accordance with this Paragraph 85.1(g)(1). -192-
(2) Expedited Arbitration Any individual not on the Industry Experience Roster who has been deemed ineligible to work as a result of a Positive Test Result or any individual who has been removed from the Industry Experience Roster as a result of a Positive Test Result may initiate the following exclusive procedure to review such ineligibility for employment or removal: (i) A protest shall be submitted in writing to CSATF within fourteen (14) calendar days of the notice to the Union and the individual of the individual’s removal from the Industry Experience Roster or, in the case of an individual not on the Industry Experience Roster, within fourteen (14) days of becoming ineligible for employment. A protest shall be heard by a sole neutral arbitrator in a special expedited arbitration to be held within three (3) working days, or as soon as practicable, after receipt by CSATF of the written protest. The arbitrator shall be selected from a seven (7) member alcohol and substance testing panel to be mutually agreed upon by the parties. Unless the parties mutually select an arbitrator from the panel within twenty-four (24) hours of CSATF’s receipt of the protest, the arbitrator who is first available to conduct the hearing shall be selected. There shall be neither post-hearing briefs nor verbatim transcript of the proceedings. Any party choosing to use legal counsel shall do so at its own expense and shall notify the other party. (ii) The arbitrator shall determine only if the procedures set forth in this Paragraph 85.1 and applicable statutes and regulations were properly followed. (iii) The arbitrator’s remedial powers in such a special proceeding shall be limited to those consistent with the objectives of this Paragraph 85.1 and with applicable statutes and regulations. In the event that the arbitrator rules in favor of the individual, the arbitrator shall require the individual to take a new test and may restore the individual’s eligibility to work or roster status pending the result thereof or make such restoration conditioned on the negative result of such test. CSATF shall pay for the new test. (iv) The arbitrator is encouraged to render a bench decision at the close of the hearing, when possible, but, in any event, a written award deciding the matter must be issued within forty-eight (48) hours following the close of the hearing. -193-
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(2) Expedited Arbitration<br />
Any individual not on the Industry Experience Roster<br />
who has been deemed ineligible to work as a result of a Positive Test<br />
Result or any individual who has been removed from the Industry<br />
Experience Roster as a result of a Positive Test Result may initiate the<br />
following exclusive procedure to review such ineligibility for<br />
employment or removal:<br />
(i) A protest shall be submitted in writing to CSATF<br />
within fourteen (14) calendar days of the notice to the Union and the<br />
individual of the individual’s removal from the Industry Experience<br />
Roster or, in the case of an individual not on the Industry Experience<br />
Roster, within fourteen (14) days of becoming ineligible for<br />
employment.<br />
A protest shall be heard by a sole neutral<br />
arbitrator in a special expedited arbitration to be held within three (3)<br />
working days, or as soon as practicable, after receipt by CSATF of the<br />
written protest. The arbitrator shall be selected from a seven (7) member<br />
alcohol and substance testing panel to be mutually agreed upon by the<br />
parties. Unless the parties mutually select an arbitrator from the panel<br />
within twenty-four (24) hours of CSATF’s receipt of the protest, the<br />
arbitrator who is first available to conduct the hearing shall be selected.<br />
There shall be neither post-hearing briefs nor verbatim transcript of the<br />
proceedings. Any party choosing to use legal counsel shall do so at its<br />
own expense and shall notify the other party.<br />
(ii) The arbitrator shall determine only if the<br />
procedures set forth in this Paragraph 85.1 and applicable statutes and<br />
regulations were properly followed.<br />
(iii) The arbitrator’s remedial powers in such a special<br />
proceeding shall be limited to those consistent with the objectives of this<br />
Paragraph 85.1 and with applicable statutes and regulations. In the event<br />
that the arbitrator rules in favor of the individual, the arbitrator shall<br />
require the individual to take a new test and may restore the individual’s<br />
eligibility to work or roster status pending the result thereof or make<br />
such restoration conditioned on the negative result of such test. CSATF<br />
shall pay for the new test.<br />
(iv) The arbitrator is encouraged to render a bench<br />
decision at the close of the hearing, when possible, but, in any event, a<br />
written award deciding the matter must be issued within forty-eight (48)<br />
hours following the close of the hearing.<br />
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