On May 22, 2017, you received an Advance Notice of Termination (ANOT). On May 23, 2017, you appealed the ANOT. The appeal hearing took place on June 16, 2017. Kelly Cruz, Senior Labor Relations Representative with the San Diego Municipal Employees Association (MEA) attended as your representative. At the hearing, we discussed the following numbered issues, which you and Ms. Cruz addressed in support of your appeal: ISSUE: 1. Failure to show up for work and failure to notify your supervisor ofor your absence on May 2, 2017. Your representative stated that you had just returned to work and were not in the habit of checking emails. She further stated that you were working at the structural OTC counter that day as the Senior Counter had …show more content…
It was this incoherence that prompted staff to notify Ms. Ahmadi who after observing you further decided to proceed with the drug testing protocol. Appearing at work under the influence of drugs violates the City’s Substance Abuse Policy (AR 97.00) as well as the City’s Code of Safe Work Practices and is cause for removal under Civil Service Rule XI Sections 3(a), 3(d) and 3(i). ISSUE: 3. On May 3, 2017 you were uncooperative during the drug testing process which took 8 hours to complete. Your representative stated that you were exhausted from lack of sleep and that you could not recall the information necessary to complete the forms. She also stated that your injuries compromise some biological functions that also contributed to the delay. RESPONSE: Ms. Ahmadi noted that you appeared more incoherent than tired. She has observed you many times in cases where you were falling asleep at your desk. She stated that your condition on May 3rd was markedly different. At the testing center you refused to participate until you had spoken to an MEA representative and it took you an inordinate amount of time to find contact information for an acceptable representative. It took you two hours more to complete the initial paperwork which was promptly returned to you as illegible. It then took another hour for you to fill out the paperwork
Click here to unlock this and over one million essaysGet Access
Plaintiff took the test on September 14 and started chip away at September 17. Soon thereafter, the facility educated offended party by phone that he had tried positive for tetrahydrocannabinol (THC), a concoction found in pot.On September 21, defendant's board of directors met to discuss the matter and, on September 25, defendant's chief executive officer informed plaintiff that he was being fired because of his marijuana use.
COME NOW, PLAINTIFF, by and through her attorney of record, Corey Lightner, Esq.. of YOUNG’S LAW FIRM, and hereby files their Motion for Summary Judgment. The rule governing this matter is Rule 1.510(c) of
COLIN was requested and agreed to submit to a chemical test of blood. I read the chemical warning and report of refusal form (DL-26) to COLIN before leaving the Shenandoah Police Department and requested him to sign the form acknowledging he has been advised of the form to which he did. I then transported him to the Schuylkill Medical Center South
THE THE APPELLANT’S STATEMENT OF THE CASE, STATEMENT OF FACTS, AND ARGUMENTS NUMBERED IV-VI ARE BACKED BY EVIDENCE CONTAINED ON THE RECORD. EVEN SOME OF THIS EVIDENCE WERE PROVIDED BY OPPOSING
Reason/Authority/Codes/Characterization: Misconduct (Drug Abuse) / AR 135-178, Paragraph 12-1(d) / NIF / RE-3 / General, Under Honorable
The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not
The issue of drug testing in the workplace has sparked an ongoing debate among management. There are many who feel that it is essential to prevent risks to the greater public caused by substance abuse while on the job. However, others believe that the costs far outweigh the benefits and that it is an invasion of privacy. Putting all ethical issues aside, evidence presented in this paper supports the latter. The costs of drug testing are excessive and only a small percentage of employees are actually found to be substance users. Drug testing in the work place has a negative effect on productivity; contrary to what was originally intended. It actually decreases productivity instead of improving it. Drug testing causes a feeling
The statement "It is better that 10 guilty persons escape than that one innocent suffer" summarises and highlights the mistakes and injustices in the criminal justice system. In a just society, the innocent would never be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to achieve due to the society in which we live. Therefore, miscarriages of justice occur in the criminal justice system more frequently than is publicised or known to the public at large. They are routine and would have to be considered as a serious problem in our society. The law is what most people respect and abide by, if society cannot trust the law that governs them, then there will
Throughout the Three pieces of literature I read – “Superman and Me” by Sherman Alexie, “Crazy Courage” by Alma Luz Villanueva, and “Theme for English B” by Langston Hughes, multiple claims are implied on the subject of knowledge and individual power. Whether it is about Race, being different, or the struggle to survive, they all point towards the same direction. They all show that being strong, proud, and courage is what makes you individually powerful, even if others may look down upon you or think of you as weird. Through the use of the rhetorical appeals ethos, logos, and pathos, these three authors truly move the readers to really accept what they are trying to prove.
This passage could be seen as committing the fallacy of an appeal to force since the speaker is coercing his/her audience that if they don’t abided by the prophecies of the book, “God shall punish them with the plagues that are written in the book.” Rather than giving reasons as to why people should follow the words written in the book such as that the prophecy can help bring about a better life, the speaker threatens the audience, saying “God shall take away his part out of the book of life, and out of the holy city and from the things which are written in this book.”
Document1THE GRIEVANCE AND ARBITRATION PROCEDURE OF THE UNITED STATES POSTAL SERVICE 1.docxTHE GRIEVANCE AND ARBITRATION PROCEDURE Absences covered under the FMLA act are not included. ELM 511.43 – Employees Responsibilities ELM 513.342 – Approval or Disapproval of all Form 3971 – request for leave ELM 513.36 – Sick Leave Documentation Requirements Copies of all Form 3971. Copy of Form 3972 – Leave Analysis The final statement informs the employee that they have fourteen (14) days from the issuance of
Justice William J. Brennan, Jr. said it the best in his speech to the Text & Teaching Symposium, "We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans." Justice Brennan also called the Constitution a fundamentally public text and called for its use to resolve public issues. If that is true, then the document must be interpreted from today's perspective - Judicial Activism. However, using only that approach would be saying that the work of the original framers was mute. This document is over two hundred years old and still very relevant to today's society. In my opinion, the court needs to find a fine line between activism and restraint or intentionalism