How is substance abuse in the workplace handled?

Resources

Weingarten Rights Skelly Rights UCI Administrative Policies and Procedures
Personnel Policies for Staff Members (PPSM) Union Contracts (Collective Bargaining Agreements)

ANSWER

Process for handling substance abuse in the workplace:

  • Consult with your Human Resources Consultant
  • Observe and document in writing performance/behavior changes that are directly related to the employee’s ability to perform his or her work duties in a safe and satisfactory manner
  • Confirm observations by calling upon another supervisor or management representative.  When possible, also interview the employee in private
  • In consultation with Human Resources, inform the employee of the results of your assessment
  • In consultation with Human Resources, remove the employee from the workplace
  • Review applicable Union Contract and University Policies and Procedures

Common Labor and Employee Relations Questions

Definitions

Skelly Rights – All public employees who are permanent (career) have a property interest in their job; therefore, the employer cannot take away an employee’s “property” without due process.  The employee must be given notice of the charges, the reasons, and the opportunity to respond before discipline is imposed.

Weingarten Rights – Employees have the right to have union representation at investigatory interviews.

Investigatory interviews of the subject occurs when a supervisor questions an employee to obtain information in connection with potential misconduct.