Both accused are described below as “accused. Local 18 is a local subsidiary of the parent organization, the International Union of Operating Engineers, AFL-CIO. This class is an introduction to the safe cutting of oxy-acetylene, arc welding and plasma arc cutting. This class has been developed for beginners and provides the procedures used for the maintenance and repair of heavy equipment. The International Union of Operating Engineers, Local 18 (“Local 18”), has filed a lawsuit to compel the Ohio Contractors Association (“OCA”) to settle a class dispute under a collective agreement. Referring to the opinion of this court of Local 18 International Union of Operating Engineers v. Ohio Contractors Association, 644 F. App`x 388 (6th Cir. 2016) (“Hydro-Excavator”) – a case involving the same parties and the same contractual clauses – the District Court gave the summary motion of 18 instead of an arbitration procedure. The OCA has appealed, and we affirm.
On May 20, 2015, the applicant was transferred to Sitetech, Inc. through the Union Rental Hall for work under the AGC agreement. A week later, he was involved in an accident at work while operating the equipment. Sitetech asked him to take an alcohol and drug test. The applicant was taken to a medical facility but refused to sign the test or consent form for the test. Sitetech informed the EU and the EU informed the applicant that it was not complying with the directive. Rejection was a positive result. In a letter dated 29 May 2015, the applicant was informed by the Union that he had three documented cases of positive drug testing and was therefore permanently excluded from registration for work carried out in the Union`s rental room. The complainant has no complaint about the permanent bar.
The other arguments of the OCA – that 1) the union of an appeal procedure contained in the general arbitration clause, 2) the contract prohibits an arbitrator from including a new classification rate in the agreement and 3) specific contractual provisions exceed general provisions – were addressed and rejected by Hydro-Excavator, 644 F. App`x under 396-97. Under this directive, the worker is disciplinaryly dependent on the employer on the basis of a positive test result until immediate dismissal. The worker is also temporarily prohibited from registering in the rental room or being sent to work. The employee is given a maximum of 30 days of leave to complete a drug and alcohol rehabilitation program. At the end of the program, the worker must present a certificate of graduation to the Union to work with his former employer or to re-register in the hiring hall. Subsequently, the EU worker will be required to present a monthly certificate for testing for alcohol and drugs negative during the next 12 months. Otherwise, the worker loses the right to keep his registration card within the recommendation deck, to be sent to work or to remain employed by his current employer. Under the directive, a worker`s refusal to perform a mandatory drug and alcohol testing test and/or refusal to sign a consent form is an automatically positive result. Under the CEA agreement, a third positive drug or blood alcohol test has the effect of permanently excluding a worker from registration for employment in the hiring hall.