• Alex McGuigan

dismissal unfair• Testing flawed

• RMT demands

justice now

Alex Mcguigan has beendismissed for failing abreathalyser test. TheRMT believe that thisdismissal is a travesty ofjustice.

At first glance many mayfeel that a failure toadhere to LUL's drugs andalcohol policy would rightly lead todismissal, however we have clear evidencethat shows there is no proof to support theallegation that Alex broke the policy. Weoutlined three majormedical points in hisdefence, all of whichLUOH conceded beingpossible proof of a false positive beingshown on the breathalyser.

The main medical factor that will affectmany staff members within LU and shows aclear flaw in the testing procedures is the

fact that Alex is typetwo diabetic, an illnessthat affects an incre-asing amount of LUstaff. There is scientificmedical research thathas shown diabeticshave blown high falsepositive readings on abreathalyser when noalcohol has beenconsumed. It is ourposition that as a urinesample was not alsotested for alcoholthere is not sufficientevidence to say that

Alex broke LUL's policy.

LUL's procedure for testing diabetic staff isflawed. Type two diabetes is an illness that

could affect anyone of usat some point in our lives,which means hundreds ofmembers of staff are at

risk of the same appalling treatment.

If a staff member with 29 years exemplaryservice is sacked in this way, then any oneof us could face the same injustice.

Written for train drivers, by train drivers

August 2014 D&A Special www.rmtlondoncalling.org.uk/trains☆ ☆

Driver Sacked Following Flawed Alcohol Test

Alex McGuigan on an RMT picket line

“LUL are taking the pee, so why won't they test it?”

The D&A procedureThe D&A procedure is complicated with different rules for different situations. These are just a general guide. Remember you can contact your rep for advice whilst you wait for the test to be carried out. You can also read the full procedure at: www.rmtlondoncalling.org.uk/danda

For cause testing'For cause' testing is carried out when a manager has a reasonable cause to believe thatan employee is under the influence of alcohol or drugs, or is unfit/impaired for duty because of alcohol or drugs use or misuse. The managerwill require the employee to undergo testing for the presence of drugs and alcohol.

There are guidelines for managers to follow to assist them in deciding whether a 'for cause' test is needed. It must not be discriminatory, used to victimize a driver, or in 'revenge' for a driver's actions. If a third party has accused a driver of breaching the policy, the policy states that “It may well be useful to ask the employee, before the test is taken, whether or not they want to refer themselves to DAATS for assistance.”

Unannounced testingThe unannounced testing programme is intended to monitor compliance with thecompany's D&A Standards and provide data on the extent of alcohol and/or drug use amongst the workforce. Unannounced testing is not 'random', but a planned programme of urine and breath tests to defined standards on a selected sample of employees, who will not be informed in advance.

Post incident testingAll employees may be subject to alcoholand drugs testing following any incident which

caused or had the potential to cause deathor major injury or substantial damage to property. Testing, however, is not mandatory but remains at the discretion of the manager atthe scene.

Meal and toilet breaksIn the case of unannounced testing, the tests can be deferred for half an hour after the meal break is over. If the individual wishes to use thetoilet, they should be supervised as closely as possible in the circumstances. They should be discouraged from taking any bag or other object into the toilet with them.

Going over your 'booking off' timeIf you have gone over your booking off time while waiting to be tested, you are entitled to go home. LU will make arrangements for you tobe tested on your next working day.

Procedures ignored on the Jubilee LineTwo drivers on the Jubilee Line – both RMT activists - faced anonymous malicious accusations of being in breach of the alcohol policy. Both were tested and cleared. In both cases we believe management broke procedures when testing these activists, and in both cases we are concerned that RMT activists are being victimised.

Local reps on the line are demanding an official meeting to discuss these cases and for weeks this legitimate request was ignored. In line with the 'machinery of negotiations' the meeting should have been convened within 14 days. This is an opportunity for union reps to ensure procedure is applied correctly, and an opportunity for management to guarantee to us that they aren't victimising Jubilee line activists. Management have refused the opportunity to do so for weeks. Why?

Defend Alex McGuigan☆

The D&A procedure☆

Procedure ignored on Jubilee☆

☆ www.rmtlondoncalling.org.uk/danda