MTA DRIVERS' DRUG, ALCOHOL RULES EASED

Mass Transportation Authority drivers who test positive for drugs or
alcohol will no longer automatically lose their jobs.

MTA has dumped its zero-tolerance policy, a one-strike-and-you're-out rule
that hasn't held up when challenged by union employee grievances. Instead,
the agency will use a more gradual discipline process.

The MTA adopted the old policy in March 1990 when such measures became
popular nationwide after at least 133 people were injured in a New York
subway train crash. The train operator was found legally drunk 13 hours
after the incident.

The U.S. Department of Transportation followed by mandating certain aspects
of drug and alcohol-free workplace rules but never specified penalties,
said MTA General Manager Robert T. Foy. That left agencies to come up with
them on their own.

The MTA had been automatically dismissing employees who failed alcohol or
drug tests.

But about 500 bus drivers, mechanics, dispatchers and others are covered by
new, less-stringent rules that came after the MTA lost three similar
grievances.

In each case, an arbitrator ordered employees back to work and told the
agency its discipline was too harsh.

"I don't understand how in the world we can live up to our responsibilities
if individuals don't recognize we have no room for (them) to be in an
altered state," Foy said.

"I think it (a zero-tolerence policy) fair; the arbitrator doesn't agree
with me."

Foy said each of the grievances that led to the change was similar,
involving fired employees who failed random drug tests and who had not been
in serious trouble before. None was involved in accidents.

The Flint Journal could not reach officials with AFSCME Local 3437, which
represents drivers, for comment on the changes.

Under the new policy, employees who fail a random drug test and who have an
otherwise strong employment record might receive a suspension, mandatory
drug testing in the future, and required education, Foy said.

An employee would be fired after a second drug or alcohol violation, he added.

Foy said employees who have been disciplined previously or who are involved
in a serious accident could still be terminated the first time they test
positive under the new policy.

Board members approved the change at a meeting last week.

"We've lost three arbitrations so apparently that's the state of the law,"
said Genesee County Commissioner John Northrup, D-Flint, also an MTA board
member.

"I think it's a terrible direction for the law to be going."

Fifty percent of MTA employees are given random drug tests each year,
according to the organization's policy and procedures. Ten percent of all
employees receive random alcohol tests.

Rudolph V. Collins, an MTA board member and director of pupil personnel for
the Flint School District, said he understands the reasoning behind the old
and new policies.

Collins was among those voting for the change last week.

"My sense is there should be steps or levels (in discipline)," he said.