2023-12-13 CC Packet - Laserfiche WebLink

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APPENDIX A MEMORANDUM OF UNDERSTANDING COMMERCIALDRIVER’S LICENSE The purpose of this Memorandum of Understanding is to assist both Labor and Management in dealing with Commercial Driver’s License (CDL) rules and pending changes to those rules. This Memorandum will apply only in the instance where the City determines, in its sole judgment, that it will make an accommodation for an employee losing his/her driver’s license as indicated below. The decision by the City to make an accommodation in one situation will not obligate the City to do so in another case and the parties agree that the City’s decision is final and not subject to a grievance, nor may it be challenged in court. The following will apply to employees in the Local 49 Bargaining Unit when the City determines it will make an accommodation for loss of driver’s license. A.If an employee temporarily loses his/her driver’s license and CDL, the employer may choose, on a case-by-case basis, to accommodate the employee by assigning him/her to duties that do not require a driver’s license/CDL, not to exceed twelve (12) months during the employee’s tenure with the City, and/or not to exceed two (2) revocations. B. If the temporary loss of a driver’s license is the result of an alcohol-related offense, the employee will be required to comply with the recommendations of a licensed Substance Abuse Professional. Proof of compliance with the Substance Abuse Professional recommendations will be provided to the employer before an employee will be permitted to return to work. C. The application of this agreement will begin for an individual as of the date of his/her license revocation regardless of subsequent procedures contesting the revocation. D.This Memorandum of Understanding applies to any loss of driving privileges. E.This Memorandum of Understanding does not include positive test results from applicable state or federal required testing procedures, including but not limited to random testing. F. A $2.00 per hour decrease in pay will begin as of the revocation date. Any hourly wages not paid to an employee during the revocation of the employee’s driver’s license/CDL will not be reimbursed regardless of the outcome of any subsequent contesting of the revocation. 16