Alex McGuigan

dismissal unfair
Testing fawed
RMT demands
justice now
Alex Mcguigan has been
dismissed for failing a
breathalyser test. The
RMT believe that this
dismissal is a travesty of
justice.
At frst glance many may
feel that a failure to
adhere to LUL's drugs and
alcohol olicy !ould rightly lead to
dismissal" ho!ever !e have clear evidence
that sho!s there is no roof to suort the
allegation that Alex bro#e the olicy. $e
outlined three major
medical oints in his
defence" all of !hich
LU%& conceded being
ossible roof of a false ositive being
sho!n on the breathalyser.
The main medical factor that !ill a'ect
many sta' members !ithin LU and sho!s a
clear (a! in the testing rocedures is the
fact that Alex is tye
t!o diabetic" an illness
that a'ects an incre)
asing amount of LU
sta'. There is scientifc
medical research that
has sho!n diabetics
have blo!n high false
ositive readings on a
breathalyser !hen no
alcohol has been
consumed. *t is our
osition that as a urine
samle !as not also
tested for alcohol
there is not su+cient
evidence to say that
Alex bro#e LUL's olicy.
LUL's rocedure for testing diabetic sta' is
(a!ed. Tye t!o diabetes is an illness that
could a'ect anyone of us
at some oint in our lives"
!hich means hundreds of
members of sta' are at
ris# of the same aalling treatment.
*f a sta' member !ith ,- years exemlary
service is sac#ed in this !ay" then any one
of us could face the same injustice.
Written for train drivers, by train drivers
August 2014 D&A !ecial www"rmtlondoncalling"org"u#$trains
Dri%er ac#ed &ollowing &lawed Alco'ol Test
Alex McGuigan on an RMT picket line
()*) are ta#ing t'e !ee+ so
w', won-t t'e, test it./
T'e D&A !rocedure
The ./A rocedure is comlicated !ith
di'erent rules for di'erent situations. These
are just a general guide. Remember you can
contact your re for advice !hilst you !ait for
the test to be carried out. 0ou can also read
the full rocedure at1
!!!.rmtlondoncalling.org.u#2danda
&or cause testing
'3or cause' testing is carried out !hen a
manager has a reasonable cause to believe that
an emloyee is under the in(uence of alcohol
or drugs" or is unft2imaired for duty because
of alcohol or drugs use or misuse. The manager
!ill re4uire the emloyee to undergo testing
for the resence of drugs and alcohol.
There are guidelines for managers to follo! to
assist them in deciding !hether a 'for cause'
test is needed. *t must not be discriminatory"
used to victimi5e a driver" or in 'revenge' for a
driver's actions. *f a third arty has accused a
driver of breaching the olicy" the olicy states
that 6*t may !ell be useful to as# the
emloyee" before the test is ta#en" !hether or
not they !ant to refer themselves to .AAT7
for assistance.8
*nannounced testing
The unannounced testing rogramme is
intended to monitor comliance !ith the
comany's ./A 7tandards and rovide data on
the extent of alcohol and2or drug use amongst
the !or#force. Unannounced testing is not
'random'" but a lanned rogramme of urine
and breath tests to defned standards on a
selected samle of emloyees" !ho !ill not be
informed in advance.
0ost incident testing
All emloyees may be subject to alcohol
and drugs testing follo!ing any incident !hich
caused or had the otential to cause death
or major injury or substantial damage to
roerty. Testing" ho!ever" is not mandatory
but remains at the discretion of the manager at
the scene.
Meal and toilet 1rea#s
*n the case of unannounced testing" the tests
can be deferred for half an hour after the meal
brea# is over. *f the individual !ishes to use the
toilet" they should be suervised as closely as
ossible in the circumstances. They should be
discouraged from ta#ing any bag or other
object into the toilet !ith them.
Going o%er ,our -1oo#ing o2- time
*f you have gone over your boo#ing o' time
!hile !aiting to be tested" you are entitled to
go home. LU !ill ma#e arrangements for you to
be tested on your next !or#ing day.
0rocedures ignored on t'e 3u1ilee )ine
T!o drivers on the 9ubilee Line : both RMT
activists ) faced anonymous malicious
accusations of being in breach of the alcohol
olicy. ;oth !ere tested and cleared. *n
both cases !e believe management bro#e
rocedures !hen testing these activists" and
in both cases !e are concerned that RMT
activists are being victimised.
Local res on the line are demanding an
o+cial meeting to discuss these cases and
for !ee#s this legitimate re4uest !as
ignored. *n line !ith the 'machinery of
negotiations' the meeting should have been
convened !ithin <= days. This is an
oortunity for union res to ensure
rocedure is alied correctly" and an
oortunity for management to guarantee
to us that they aren't victimising 9ubilee line
activists. Management have refused the
oortunity to do so for !ee#s. $hy>
Defend Alex McGuigan
T'e D&A !rocedure
0rocedure ignored on 3u1ilee
www"rmtlondoncalling"org"u#$danda