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City workers to be tested for drugs and alcohol
(by Sue Reid - January 28, 2010)
City workers to be tested for drugs and alcohol
By SUE REID
Solon City Council approved an ordinance last week establishing a drug-and-alcohol-testing policy for all non-bargaining employees.
This "non-unionized" policy would affect every nonunion employee full and part time and permanent part time "from the mayor on down," Law Director David J. Matty said. It excludes seasonal employees.
The policy would involve random drug testing of employees, post- accident drug testing and reasonable-suspicion drug testing, Mr. Matty said.
Prior to the policy, Human Resource Director Thomas Cornhoff said, the city had the ability to do random testing but did more reasonable-suspicion testing.
"We didn't have one as specific as this," Mr. Cornhoff said. "This one outlines time lines as to when it would be done. This revised random drug-and-alcohol-testing policy would mirror the union's policies included in their respective collective-bargaining agreements."
Solon's union employees have the same operative provisions with regards to the policy, Mr. Matty said. The only union the city has not reached terms yet with on a random drug and alcohol policy is the International Association of Firefighters Local 2079.
That will be determined at the conciliation hearing, which had not been scheduled as of earlier this week.
"A decision would be made by a conciliator with regards to the fire department's participation in random drug and alcohol testing," Mr. Cornhoff said. The conciliator will be Margaret Johnson, an attorney.
Another contract due Aug. 31 is the full-time correction officers and part-time jail supervisors. They currently do not have the policy in their contract, Mr. Cornhoff said.
In December 2009, City Council approved three contracts for collective-bargaining agreements with Teamsters Local 436 for the sewage-treatment department and building inspectors and the Ohio Patrolmen's Benevolent Association for part-time dispatchers, all of which included random drug testing.
With the policy for non-bargaining employees, Mr. Matty said, "The employee's rights are protected under the policy, because we transferred the union request that those rights be protected into this policy. The actual operative provisions for the union and nonunion policy for the city would be the same, he said.
"We're trying to treat all employees alike, union and nonunion, for purposes of drug testing," Mr. Matty said.
"We felt that was very important to have the bargaining and non-bargaining units under the same policy," he said. "That was a goal of ours."
Mr. Matty said that Mayor Susan A. Drucker, like the former administration, had expressed a desire that the policy apply to all employees.
With the amended policy, 10 percent of the eligible employees, or about 60 per year, would be tested on a random, annual basis.
Mr. Cornhoff said a third party will draw the names during the first quarter, which is January through March.
"The list of eligible names will be submitted to them on or about Jan. 31, and, at some point, they will pull 60 names from that pool," Mr. Cornhoff said. He said he will be given 15 names per quarter.
Mr. Matty said the policy has evolved through extensive discussion by the city's negotiating team and the Ohio Patrolmen's Benevolent Association. The OPBA negotiating committee consisted of Detective Lt. Christopher P. Viland, Drug Abuse Resistance Education officer Jeff Pedicino and officer Robert Bozak. "They worked so hard on the policy," Mr. Matty said.
Mr. Cornhoff said he believes that they intend for their attorney to use it as a template in their other negotiations should the same issue arise.
"I would also hope this would become a policy other municipalities may want to consider adopting," Mr. Cornhoff said.
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