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alcoholic beverages, or while under the influence of alcoholic beverages, or drug intoxication as
provided in Article 35, Section 3, the use of narcotics (as described in the Federal Pure Food and
Drug Act), barbiturates, or amphetamines, or the possession of narcotics named above during a
tour of duty, refusal to submit to a sober-meter, other sobriety or alcohol test, recklessness
resulting in a serious accident while on duty, failure to report an accident, unprovoked assault on
an Employer or management supervisor, carrying of unauthorized passengers, willful abuse of
Company equipment or direct refusal to obey instructions from an authorized management
employee which are not in violation of this Agreement. While this Article clearly indicates
offenses for which an employee may be discharged without prior warning, there may be certain
instances where an employee’s gross misconduct or actions may justify suspension or discharge
without a prior warning. Gross misconduct is defined to mean proven conduct that exposes the
Employer to monetary liability from third parties, governmental entities or other employees.
Disputes arising from such instances shall be resolved by the Grievance Committee. The warning
notice as herein provided shall not remain in effect for a period of more than nine (9) months
from the date of said warning notice, and such warning notice shall be issued no later than seven
(7) days from the date the Employer became aware of the occurrence.
Any employee discharged away from his/her home terminal shall be provided the fastest
available transportation to his/her home terminal at the Employer’s expense. Any employee may
request an investigation as to his/her discharge or suspension. Should such investigation prove
that an injustice has been done an employee, he/she shall be reinstated. The Joint Local City
Grievance Committee and the Joint Area Grievance Committee shall have the authority to order
full, partial or no compensation for time lost. The Employer shall not in any way intimidate or
harass any employee in the performance of his/her duties.
If a letter of investigation is issued, the letter will not remain in effect for longer than thirty (30)
calendar days, unless it is a serious vehicular or tow motor accident.
Although theft of time and excessive absenteeism shall not be cause for immediate discharge, it
is recognized as an offense for which disciplinary measures may be invoked.
Uniform rules and regulations with respect to disciplinary action may be drafted but must be
approved by the Joint Area Grievance Committee. Such approved uniform rules and regulations
shall prevail in the application and interpretation of this Article.
ARTICLE 45. EXAMINATION AND IDENTIFICATION FEES
Section 1. Examinations
Physical, mental or other examinations required by a government body or the Employer shall be
promptly complied with by all employees; provided, however, the Employer shall pay for all
such examinations. The Employer shall not pay for any time spent or cost of such examination in
the case of applicants for jobs, and shall be responsible to other employees only for time spent at
the place of examination or examinations, where the time spent by employees exceeds two (2)
hours, and in that case, only those hours in excess of said two (2). Examinations are to be taken
at the employee’s home terminal and are not to exceed one (1) in any one (1) year, unless the
employee has suffered serious injury or illness or work record indicating repeated absenteeism