Article 43 - 50

Section 1

The Ohio University Alcohol and Other Drugs Policy and program is designed to prevent drug and alcohol problems within the University setting. The policy and programs are designed to identify problems at the earliest possible stage, motivate the affected individual(s) to seek he!p, and to direct the individual toward the best assistance available.

Section 2

The University recognizes that the use and abuse of alcohol and other drugs can seriously impair an employee's performance and is therefore a University-wide concern. Due to the University's concern, this Alcohol and Other Drugs Policy is instituted. This policy will permit the University to abide by alcohol and other drugs-related legislation initiated by federal, state, and focal governments. Current legislation includes the Drug-Free Workplace (41 USC701) and the Drug- Free Schools and Communities Act (PL 101-226).

Section 3

Because faculty, administrators, and other supervisors are not trained to diagnose whether any employee suffers from alcohol or drug-related problems, referral for diagnosis and treatment will be based on the observed and documented decline of job performance standards. Records pertaining to the diagnosis or treatment of alcohol or drug-related offenses or addiction will not be made part of the employee's personnel file and wHI be regarded as strictly confidential in all cases.

Section 4

A. Alcohol and Other Drugs Awareness Program

Ohio University shall establish an alcohol and other drugs awareness program. Under this program, the University will regularly and periodically publish literature warning about the dangers of the abuse of alcohol and other drugs in the workplace or in any environment. The program will specifically cover the following major topics:

1. Health and safety concerns associated with drug abuse.
2. University policy regarding illegal drug or alcohol use.
3. Availability of counseling and assistance for employees.
4. Penalties that may be imposed for drug or alcohol abuse violations.
5. Continuing Education programs including:
   1. courses,
   2. professional development workshops and seminars,
   3. literature and video tapes, and
   4. knowledge and skills training for supervisors.

B. Employee Compliance with University Substance Abuse Policy

All Ohio University employees are expected to abide by the terms of this policy. An employee found to be illegally possessing or using alcohol, or other drugs or being under the influence of such, shall be subject to appropriate sanctions. A disciplinary sanction may include the completion of an appropriate rehabilitation program. Such sanctions may include referral for prosecution and/or termination of employment. Employees are guaranteed due process. 

All University employees shall, as a condition of employment, abide by the following requirements:

1. Comply with the terms of the University's Alcohol and Other Drugs Policy.

2. Notify their administrative supervisor of any criminal alcohol or drug statute conviction for a violation occurring in the workplace no later than five (5) working days after receiving such conviction.

   As required by legislation and upon receipt of notice under the preceding paragraph, the University shall notify the federal agency sponsoring grants or Contracts with the employee's department. This notification shall take place within ten (10) working days after receiving such conviction notice.

C. Employee Discipline

Any employee who is chemically dependent will not be disciplined for disclosing this dependency. An employee who does not disclose such information will not be disciplined unless the dependency hinders the ability of the employee to perform on the job. If the dependency adversely affects the employee's job performance or poses a direct threat to the property or safety of the University or fellow employees, such employee shall be subject to sanctions, up to and including termination, consistent with due process. All disciplinary measures involving Alcohol and other Drugs Policy violation shall be reviewed with University Human Resources prior to issuance. This is to assure consistency and fairness in the implementation.

Upon receipt of a notice of an employee's work-related conviction for the violation of any criminal drug statue, the University shall within thirty (30) working days of receiving such notice:

1. Take appropriate personnel action against such an employee subject to established disciplinary procedures, up to and including termination, in accordance with requirements of due process; and/or

2. Require such employee to participate satisfactorily in an alcohol or other drugs abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. If the employee is required to participate in such a program and refuses to do so, the employee will be subject to disciplinary action up to andincluding termination. The employee who does not satisfactorily complete the assistance/rehabilitation program is also subject to disciplinary action up to and including termination.

   If disciplinary action under this Article is taken against an employee, the action will be subject to the grievance procedure.

Section 5

The University shall operate an Employee Assistance Program (EAP) that shall be monitored through University Human Resources. For details of the EAP, refer to Policy #41.130 .

Section 1

It is the policy of Ohio University that persons who operate motor vehicles while in the course of University business shall comply fully with all applicable laws and regulations which govern operator certification and licensing. The heads of each department or office are responsible for ensuring that their vehicle operators meet state requirements and University standards.

Section 2

Under the provisions of state and federal law, operators of certain types of vehicles including vehicles which are used to transport certain types of cargo are required to obtain and possess a Commercial Driver's license (CDL). This includes persons employed in any capacity when driving a vehicle which is identified as a Commercial Motor Vehicle (CMV).

Section 3

1. Individuals must have a valid Commercial Driver's License to operate any of the following vehicles:
   1. A single vehicle with a gross vehicle weight rating (GVWR) of more than 26,000 pounds;
   2. A combination vehicle e or vehicle towing a trailer with a combined GVWR of 26,000 pounds or greater;
   3. A vehicle designed to transport 16 or more persons (including the driver);
   4. A "hot shot" (vehicle with bed-mounted fifth wheel towing trailer) with a combined GVWR of less than 26,000 pounds where the cargo is regulated by the Public Utilities Commission of Ohio;
   5. A vehicle (including automobiles) used to transport hazardous materials of the following types:
      1. Any amount of Class A or Class B explosives, Poison A, flammable solids (labeled dangerous when wet); or radioactive material, (Yellow Ill Label), Uranium hexafluoride fissile (containing more than 1% U255), Uranium low specific activity (containing 1% or less U235).
      2. 1,000 pounds or more of Class C explosives, nonflammable gas including fluorine gas and cryogenic liquid oxygen, flammable gas, flammable liquid, flammable solid, oxidizers, organic peroxide, corrosive, irritates, chlorine (in container with 110 gallon capacity or more), or combustible liquid (in container with 110 gallon capacity or more), also blasting agents and Poison B.
2. CDLs are available in three categories, Class A, Class B, and Class C depending upon type and size of vehicle. In addition, separate endorsements are required for the operation of vehicles with air brakes, carry more than 15 passengers (including the driver), transport hazardous materials, carry 1,000 gallons or more of a liquid, and/or tow trailers or equipment.

Section 4

Each department must determine if any of its vehicles are CMVs as defined by the law. Department administrators are encouraged to consult with the University Garage and University Human Resources to assess the need for the appropriate class of CDLs and applicable endorsements which may be required by their operations. Each department should also check with the Office of Environmental Health and Safety if the routine or even occasional transportation of hazardous materials is a part of the department's operation.

The Office of University Human Resources will assist affected departments in determining which classifications or specific positions will require the CDL. If it is determined that an employee will be required to have a CDL, a revision to that effect must be made to that employee's position description. Revised position description must be forwarded to University Human Resources for review and approval. University Human Resources will notify the employee's department and University Garage of approval.

Applicants for employment as a driver of a commercial motor vehicle must provide information required pursuant to Section 4506.20 of the Ohio Revised Code.

Section 5

Training

The University is committed to assisting incumbent employees whose current positions will require CDLs for execution of their University duties to meet the necessary licensing standards. University Human Resources will provide information on how to obtain the two types of training needed for employees to obtain CDLs. Initially, two training sessions, one for the written test and the second for the skills test, will be offered to those employees on staff whose current position requires a COL. Employees in this group will be granted time without loss of pay to attend CDL training seminars by appointment with the appropriate training agency and with the permission of the employee's department. In addition, the employee's department may be required to make available the appropriate motor vehicle to the employee for the purpose of training and practice. It is the responsibility of the employee's department to arrange for the vehicle to be transported to the training site for ~hose employees with expired licenses. The employee's department may be assessed a fee for the training sessions. The Grounds Department will be offered CDL training in accordance with Article 45. Those participating in the training are subject to the testing requirements in Section 9 of this Article.

Section 6

Failure or Refusal to Obtain Required CDLs

Employees who are required to possess a CDL for the execution of their University duties who fail to obtain or maintain the proper license and appropriate endorsement required by law shall be immediately suspended from CMV operation.

Section 7

Compliance to CDL Requirements

As required by law, employees with CDLs shall report any specified violation to their supervisor by the end of the business day following notice of suspension, revocation, cancellation, or loss of CDL privileges. Departments are responsible for reporting information to licensing agencies as required by law and to the University Human Resources no later than the next business day.

Section 8

Compliance with the University's Alcohol and Other Drugs Policy

Since University grant funding could be affected by non- compliance with drug and alcohol related legislation initiated by federal, state, and local governments, all drivers of commercial motor vehicles must strictly comply with the University's Alcohol and Other Drugs Policy as set forth in Article 43, Alcohol and Other Drugs. In addition, since drivers of commercial motor vehicles may be tested for drug and alcohol use, they must also adhere to the drug and alcohol testing requirements outlined in Section 9 of thisArticle.

Section 9

Testing Requirements-Drivers of Commercial Motor Vehicles

Types of Drug Testing

1. Random or Unannounced - During the first year of implementation of the Drug and Alcohol Policy, 25% of covered personnel will be randomly tested, thereafter, 50% of covered personnel will be tested annually. The testing will be unannounced and spaced throughout the year.

   Specimen testing shall be conducted by a Department of Health and Human Services-Certified Laboratory in accordance with Department of Transportation regulations contained in 49 CFR Part 40, Procedures for Transportation Workplace Drug-Testing Programs. A description of those requirements is contained in the MRO Drug Testing Manual. The specimen's chain-of- possession shall be strictly adhered to as prescribed by University procedure and as described in the MRO Drug Testing Manual. Specifications will also be noted by specimen collection at non-University sites (e.g. airports in other cities).

2. Post-Accident - After an accident involving a commercial motor vehicle covered personnel will be tested as soon as possible, but no later than two (2) hours for alcohol and 32 hours for controlled substances after the accident, if that person(s) was performing a safety sensitive function with respect to the vehicle, if the accident involved a loss of life or if the person received a citation under state or local law for a moving traffic violation arising from the accident (Federal Motor Carrier Safety Regulations, Part 382).
3. Reasonable Cause - A covered person whom two supervisors reasonably suspect is using a prohibited drug based on specific contemporaneous physical, behavioral, performance indicators will be tested. The supervisors must have been trained to detect symptoms of drug use and have participated in annual EAP training to access and demonstrate the basis for the reasonable cause testing.
4. Return to Duty-Covered personnel who have been returned to duty after failing a drug test or refusing to submit to a drug test will be subject to unannounced drug tests for a minimum of 12 months and a maximum of 60 months as determined and scheduled by the Medical Review Officer.
5. Periodic - A covered person who holds a medical certificate pursuant to FAR Part 67 must submit to a drug test as part of the first medical examination following implementation of the Drug and Alcohol Policy ( #41.133 ). This requirement may be discontinued after a full calendar year of announced random testing.

6. Failure to Submit or Failure to Comply- A covered person who refuses to submit to a drug test may be denied an application for or renewal of any certificate or rating issued for up to one year following refusal. Refusal is also grounds for suspension or revocation of any certificate or rating. 

   Refusal of a covered person to submit to a drug test and failure of a drug test resulting in the suspension or revocation of the certificate or license is grounds for disciplinary action up to and including termination, consistent with due process. All disciplinary measures involving drug policy violations shall be reviewed with University Human Resources prior to issuance. This is to assure consistency and fairness in implementation. 

1. The University and Union are committed to employee training and development. To assist employees in meeting education and experience requirements for promotional opportunities, the University and Union agree to form a committee to study training and apprentice programs. Apprentice Programs may be developed and implemented by the parties. The University retains the right to require training for employees and to change schedules for training pursuant to Article 10(A)(3) . The right to require training extends up to and including the completion of Apprenticeship Programs or, similarly structured training programs. The University and the Union agree to pursue training /Apprentice programs for other areas not currently included in the skilled craft Apprentice Program. Other areas to be pursued would include but are not limited to: Culinary Services, Heating Plant, University Garage, Grounds Garage, Upholstery/Fabric Worker, Grounds Maintanence. These programs may or may not be a four- year program. In departments that have trainers on staff, the trainers will keep the President of Local 1699 informed of their training schedule. Suggestions for training programs are an appropriate subject for a Labor-Management Meeting.

2. Grounds Department CDL Training: The University will create an opportunity for four (4) Groundskeeper employees in the Grounds Maintenance Department of the Athens Campus to receive CDL training. An in-department posting will be made to all Athens Campus Grounds Maintenance employees. Employees will be selected for the training opportunity based on seniority and the ability to successfully meet all federal requirements or qualifications necessary for CDL licensure (i.e. successful completion of DOT physical examination(s), drug testing, etc.).

   The Grounds Maintenance Department will pay for the selected employee to receive the training and the opportunity to take up to two tests to qualify for licensure. Any additional testing costs will be encumbered by the employee. Training will occur on the employee's off-scheduled hours and will not be reimbursable.

   Once employees are trained and the positions filled, the department will maintain a minimum of four (4) qualified employees. If one of the trained employees should leave the Grounds Maintenance Department, the parties will meet and review the operational need to replenish the number of CDL qualified Groundskeepers and if necessary, additional training will be scheduled.

   It is further agreed that the Grounds Maintenance Department will work with any Groundskeepers who have a CDL to obtain the required endorsements to meet departmental needs.

3. Temporary Labor Pool - In an attempt to meet the temporary needs of the departments/segments and provide employees with a diversity of experiences, the University will attempt to use present employees to fill anticipated temporary needs of 45 days or more in the classifications of Laborer, Automotive Service Worker, Assistant Fabric Worker, Assistant Upholsterer, Mail Clerk Messenger, Laboratory Animal Aide, Maintenance Repair Worker 1, Assistant Mover, Mover 1, Printing Service Worker, IT Production Specialist, Groundskeeper, Custodial Worker 1, and Delivery Worker.

   One University-Wide posting will be utilized to solicit interest each year during the second week of January for temporary positions. To be qualified for a particular temporary position, employees must pass the traditional test and interview process, as applicable. Employees who have previously completed the core curriculum are qualified for temporary Laborer and Maintenance Repair Worker I without testing.

   Assignments from the temporary pool will be based on qualifications and made in order of seniority on a rotational basis. Once an employee has accepted, or has been offered and refused, a temporary pool position, the employee will rotate to the bottom of the list.

   An employee's assignment to a temporary pool position will be contingent upon the operating department/segment/venue's ability to release the employee.

   1. Temporary needs of forty-five (45) days or more shall be determined by University Management. Once determined, the University will fill these temporary needs from the temporary labor pool.
   2. Service during a temporary assignment shall not count toward the completion of any probationary period.
   3. An employee must continue in the designated assignment unless released by Management.
   4. An employee may be removed prior to the completion of a temporary pool assignment if service is unsatisfactory.
   5. Upon completion of the temporary pool assignment, employees shall be returned to their permanent position or department with no loss of seniority.
   6. If there are not sufficient qualified employees to meet temporary needs, due to the number of qualified employees and/or due to each department's ability to release the employees or, needs exist in other classifications, the University reserves the right to hire from the outside.
   7. These positions do not constitute vacancies pursuant to Article 14 , nor do any provisions of Article 14 apply.
   8. Women, minorities, and other employees in the protected classes listed in Article 1 are encouraged to apply for the temporary pools.
4. Environmental Services Pool (ESP).
   1. Initially, the three (3) most senior employees who sign up for the ESP will be provided an orientation to the Environmental Services Shop;
   2. The one (1) most senior employee who signs up for the ESP will go through training specific to the Environmental Services field;
   3. To replenish the pool to maintain a level of one (1) available employee,
      1. The initial list of three (3) (0)(1) will be used to select the next most senior employees to be trained, up to the number needed to bring the pool back to three total.
      2. Once the initial list is expended, employees will be asked to sign up for the ESP and the process will continue as in 1. and 2. above.
   4. Employees who enter the ESP will not be eligible for assignments to the Temporary Pool unless the affected employee has been provided minimal or no assignments to the ESP and, if so, the parties may agree to consider the affected employee/s for a Temporary Pool assignment.
   5. Rotational seniority for assignments contingent on home department's ability to release the employee.
   6. Unsatisfactory work performance can be cause to send the employee back to former assignment.
   7. While working on assignment in the ESP, the employee will be paid as an Assistant Environmental Services Worker, pay grade 5.

If any provision of this Contract is found to be unlawful by any court of law, that provision will be automatically terminated, but all other provisions of the Contract will continue in full force and effect. The parties agree to immediately reopen negotiations for the purpose of negotiating lawful alternative language of any provision found to be unlawful. 

All matters subject to collective bargaining have been bargained upon, whether or not such matters are included herein, and they may not be made the subject of collective bargaining during the term of this Contract.

1. This Contract shall continue in full force and effect for the period beginning 5:01 p.m., March 1, 2023, to 5:00 p.m., March 1, 2026.
2. Should either party desire to modify or terminate this Contract, such party shall give written notice of its desire to modify or terminate by December 1, 2025. If neither party gives notice of its intent to modify or terminate this Contract as provided herein, this Contract shall continue in full force and effect from year to year after March 1, 2026, subject to modification or termination by either party by written notice by December 111 of any subsequent year. 

The undersigned parties have mutually agreed upon a voluntary dispute settlement procedure provided for in Section 4117.14 (C) (1) (f) of the Ohio Revised Code; this voluntary procedure shall supersede the statutory procedures in accordance with Section 4117.14 (C) of the Ohio Revised Code. Furthermore, the parties hereby agree as follows:

1. If, during the period of fifty-five (55) to fifty (SO) days before the expiration date of any current collective bargaining agreement or Contract modification, the parties are unable to reach agreement on a new collective bargaining agreement, the parties shall notify the State Employment Relations Board that mediation services and assistance may be required. Such a request for assistance will be in writing and signed by at least one (1) party.
2. After such notification is made, negotiations will continue between the parties until the parties mutually agree to request a mediator; or either party on or after February 1 requests the assistance of the State Employment Relations Board; and the parties agree to make the request to the State Employment Relations Board within twenty-four (24) hours of either party's request for mediation.
3. If the parties have not reached a tentative agreement on all issues by February 15, the State Employment Relations Board will be asked to aid in the efforts to reach an agreement; and such mediation services shall be used until settlement is reached between the parties prior to the termination date of the agreement or any extension thereof. In the event that the State Employment Relations Board is unable to provide a mediator, the parties shall request a mediator from the Federal Mediation and Conciliation Service.
4. The following provisions shall govern termination of this Article:
   1. This Article may not be canceled, revoked, or terminated during the term of the current collective bargaining agreement between the parties, while negotiations for a new collective bargaining agreement are being conducted or prior to or during the period of any Contract modification.
   2. This Article may be terminated during the term of any succeeding collective bargaining agreement as follows:
      1. By giving notice to the other party between the period of 120 to 90 calendar days prior to the termination date of any succeeding collective bargaining agreement.
      2. This notice must be in writing and must be sent certified mail with a return receipt requested or hand delivered.
5. This Article shall not be subject to the grievance and arbitration procedure of any such collective bargaining agreements between the parties.

All provisions of the Contract will apply to the Transportation Associates within the Department of Transportation and Parking Services except those provisions in conflict with the current operational guidelines of Transportation and Parking Services or those specifically amended or deleted by this Article as follows:

1. Article 8 (Contracting for Services) is amended and modified to include the following: 

   University may contract or subcontract any and all operational needs of Transportation Services, regardless of language detailed above. University will make best efforts to first utilize Transportation Associates to meet needs when operationally feasible to support transit requests before engaging with external providers. Management retains the right to determine when external resources may be needed to support operational needs or when engaging with external partners is in the best interest of employees (i.e. holidays or University closures). Nothing in this Contract shall negatively impact, affect, or cause to end or terminate existing and future agreements with third-party contractors, temporary employment agencies, or transit partners to effectively support campus transit needs.

2. Article 10 (Hours of Work and Overtime) is amended and modified to include the following:
   1. Schedules
      1. Transportation and Parking Services may utilize flexible scheduling when needed for both days of work and hours of work to support service level needs and variable travel requests while adhering to Federal and State Transportation Laws and Regulations. Transportation Associates shall follow established departmental work rules/procedures with regard to the establishment of rosters due to the unique nature of scheduling and customer needs.
      2. Transportation and Parking Services may alter, modify or change employee schedules based on operation needs. Best efforts shall be made by Department to provide as much notice as practical.
   2. Transportation Associates in Transportation and Parking Services may carry a compensatory time balance of no greater than 360 hours at any time within a fiscal year.
   3. Pay for Work Beyond Scheduled Shift:
      1. Transportation Associates in Transportation and Parking Services shall be required to be placed on an on-call rotation, in order to meet operational needs at the discretion of Department.
3. Article 11 (Equalization of Overtime) shall not be applicable to Transportation Associates. Transportation Associates in Transportation and Parking Services shall follow established departmental work rules/procedures with regard to scheduled/emergency rosters due to the unique nature of scheduling and customer needs and hours worked.
4. Article 12 (Seniority, Layoff and Recall) is amended and modified as follows:
   1. Transportation Associates are subject to any and all furlough plans implemented by University, at the discretion of Transportation and Parking Supervisors. No later than fourteen (14) days prior to implementation and activation of a furlough plan by Department, a Labor Management meeting shall be held to discuss the action.
5. Article 15 (Progression) shall not be applicable to Transportation Associates.
6. Article 18 (Wages) is amended and modified as follows:
   1. Newly hired Transportation Associates with directly related prior transportation service and experience will be eligible for advanced placement in the pay steps upon initial hire. Advanced placement will assess prior experience as detailed on the new hire candidates written application and may granted at the sole discretion of Management.
7. Article 26 (Meal Costs) shall not be applicable to Transportation Associates. Transportation Associates in Transportation and Parking Services shall follow established departmental work rules/procedures with regard to meal costs reimbursement if applicable.
8. Article 32 (Rest Periods) shall not be applicable to Transportation Associates. Transportation Associates in Transportation and Parking Services shall follow established departmental work rules/procedures with regard to rest periods.