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MTA - New York City Transit
Office of Labor Relations

STIPULATION AND AGREEMENT

 

This Stipulation and Agreement is entered into by and between New York City Transit/MaBSTOA and the Transport Workers Union of America, Local 100.

Whereas, after implementation of the Federal Transit Administration (FTA) regulations involving FTA Random alcohol testing, a dispute has arisen between NYC Transit/MaBSTOA (the Authority) and the Transport Workers Union of America, Local 100 (the Union) regarding employees for whom during FTA Random alcohol tests, breath analysis tests indicate readings of 0.04 mg/cc or greater and blood alcohol tests indicate readings of less than 0.05 mg/cc; and

Whereas, the Authority and the Union have had discussions and mutually agreed upon a settlement of the instant dispute without the necessity of further proceedings hereupon; and

Whereas, the settlement of the instant matter is in furtherance of sound labor relations,

It is hereby stipulated and agreed, by and between the parties hereto as follows:

    First:      

The Union hereby withdraws with prejudice all grievances concerning employees for whom during FTA Random alcohol tests, breath analysis tests indicated readings of 0.04 mg/cc or greater and blood alcohol tests indicated readings of less than 0.05 mg/cc, including disputes regarding time in a "No Pay" status and the use of leave balances.

    Second:     

The Authority will not take disciplinary action for a positive result against an employee for whom during an FTA Random alcohol test, a breath analysis test indicates a reading of 0.04 mg/cc or greater and a blood alcohol test indicates a reading of less than 0.05mg/cc, if the employee after evaluation and rehabilitation, if necessary, completes rehabilitation as described on Appendix E-2. The employee shall be referred to the Employee Assistance Program (EAP), relieved of his/her responsibilities, and given the opportunity for rehabilitation, if necessary, through that program. The employee, unless pre-disciplinary suspended on another matter, will be in a "No-Pay" status; however, the Authority will permit the employee to use accrued leave balances during his/her participation in EAP.

    Third:

Once the employee is certified as drug/alcohol free and otherwise eligible for restoration under Section 9 of Appendices E-1 and E-2, the employee will be restored to duty. The employee will be required to submit to an Authority-administered drug/alcohol test before he or she will be returned to duty and will be subject to follow-up testing pursuant to FTA regulations.

    Fourth:

This Stipulation and Agreement shall take effect for all FTA Random alcohol testing done on January 15, 1997 and thereafter. In addition, if they are otherwise found to meet the conditions of this Stipulation and Agreement, it shall be applicable to the following employees: T/O K. Fenry (270766), T/O L. Flores (282532), and T/O R. Henry (386311).

    Fifth:

The Union hereby releases the Authority from any and all claims, whether at law, in equity or arising by vitue of contract which they may have had heretofore in connection with underlying disputes in this matter.

    Sixth:

The entering into this Stipulation shall not be construed as an admission by the Authority that it has violated any provision of the collective bargaining agreement between the Authority and the Union. This Stipulation shall not be offered in evidence for any purpose or for any administrative, judicial, or other proceeding except for the purpose of enforcing the obligation contained herein.

 

April 7, 1997
signed:

(for NYC Transit)
Christopher Johnson, Senior Director, Labor Contract Disputes

(for TWU Local 100)
Dennis Calhoun, Secretary/Treasurer
Manlio DiPreta, Of Counsel