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Lit_Match

Unions derail city’s zero-tolerance policy
05-12-07|KOB.com|By: Eric Kahnert

A handful of city employees who have failed drug tests are still collecting paychecks a year after Albuquerque’s mayor enacted his zero-tolerance policy, and the delay has created a drawn out battle between the city and unions.

Mayor Martin Chavez announced the city’s zero-tolerance policy more than a year ago in March of 2006. Any bus driver, police officer, or city worker who drives and tests positive for the use of drugs is supposed to be fired

“We changed the policy to say one strike and you’re out,” said Deputy City Attorney Randy Autio.

But the city says, despite dozens of failed drug tests since then, not one employee has been canned—including a veteran driver who drove a bus for the handicapped and tested positive for drug use last November.

“The unions disagreed with that [zero-tolerance] policy,” said Autio. “They did not believe there should be a change from our prior policy.”

So the city’s labor board, which deals with union contracts, decided to keep the old policy in place: A first strike means getting help from the employee assistance program; if an employee tests positive for drug use again during that time he or she is terminated.

“Zero tolerance for anything is not a good idea,” said Paul Livingston, a union attorney.

Livingston says the city never discussed the zero tolerance policy with its members and “they [the city] have a mandatory obligation when they change rules or make rules like that to negotiate with the union.”

Livingston says, while the union is not a fan of drug use, he doesn’t think zero tolerance is fair.

“If they’re at a party and smoke some marijuana, then 40 days later they’re given a drug test, they’re fired for that under this policy—there’s no proof that they’re in any way using it on the job,” he says.

The city says any drivers who have tested positive have been re-assigned to non-driving jobs.

Both sides are hoping to come to some sort of agreement within a month.