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Article 8: Drug/Alcohol Testing

Collective Bargaining Agreement for Part-Time Faculty

8.1

The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union.  Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination.

8.2

The College may administer an alcohol and/or drug test of an employee when the College has probable cause to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, “probable cause” shall be defined as observable and articulable behavior exhibited by an employee which would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, against the employee.

8.3

Employees  required by federal or state law or regulation to be subjected to random drug and/or alcohol tests will be required to comply with these tests. Employees involved in a vehicle accident, while driving a CNM vehicle during work time, will be required to comply with post-accident drug and alcohol testing. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, against the employee.

8.4

Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the College’s Employee Assistance Program (EAP).  Depending on the severity of the detected employee’s substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employee’s self-referral shall not preclude either action being taken by the College. An employee’s self-referral to the EAP shall remain confidential between the employee and their medical provider and will not be used as a basis for disciplinary action.

8.5

Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions.  Prior to the implementation of these policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the College’s Executive Director of Human Resources.

8.6

Employees who participate in substance abuse programs while continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a condition of continued employment.