Arizona Laws 23-493.10. Construction; collective bargaining
Nothing in this article shall be construed to infringe on, contradict, preempt or otherwise conflict with the valid provisions of any collective bargaining agreement or to otherwise abridge or infringe on the rights and responsibilities of all parties in the collective bargaining process to negotiate collective bargaining agreements. These contract provisions are fully valid and enforceable, notwithstanding the provisions of this article. An employer who follows the provisions of a drug testing or alcohol impairment testing policy negotiated or bargained to impasse with the collective bargaining representative of its employees or consistent with the terms of a collective bargaining agreement, shall receive the full benefits of this article, even if that policy does not conform to all of the provisions of this article.
Terms Used In Arizona Laws 23-493.10
- Alcohol: means ethanol, isopropanol or methanol. See Arizona Laws 23-493
- Contract: A legal written agreement that becomes binding when signed.
- Employer: means this state, a political subdivision of this state or any person, firm, company, corporation, labor organization, employment agency or joint labor-management committee, including any public utility, transit district or special taxing district organized pursuant to Title 48, Chapter 17 or 22, that has one or more full-time employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Arizona Laws 23-493
- Impairment: means symptoms that a prospective employee or employee while working may be under the influence of drugs or alcohol that may decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of drugs or alcohol. See Arizona Laws 23-493
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215