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Texas City rejects union limits on disciplinary and post-accident drug testing
Summary
Local 51 proposed restricting discipline and barring post-accident testing for employees 'determined not at fault.' The city rejected those limits, saying firefighters occupy safety-sensitive roles and post-accident testing is needed for safety, liability and evidence preservation.
Local 51 asked the negotiating table to limit disciplinary consequences for some positive drug or alcohol tests and to restrict post-accident testing when an employee is later determined to be not at fault. Nicole Cody read the union’s language: an employee would receive only a 30-day suspension if they failed to complete a city-mandated rehabilitation program within 180 days of a positive test, and employees “determined to not be at fault” would not be required to submit to post-accident testing.
The city rejected both elements during the meeting. Cody said the city regards firefighters as occupying safety-sensitive positions requiring "the highest standards of fitness for duty, sound judgment, and public trust," and argued that disciplinary options should remain available immediately following a confirmed positive test. She told the room that limiting discipline until an employee fails to complete rehabilitation within 180 days would "unduly restrict management's ability to address misconduct, protect public safety, and maintain operational readiness."
On post-accident testing, Cody said the city opposes a restriction that would exempt employees believed to be not at fault. "Post-accident testing serves important public safety, risk management, workers' compensation, liability, and regulatory compliance functions," she said, adding that fault determinations are often not immediately known and testing may be necessary to preserve evidence.
Union representatives sought clarification about whether an employee can return to work while awaiting test results after an incident; the moderator and other staff said administrative time or other leave arrangements may cover that interval and that details would be investigated.
The city signaled willingness to discuss strengthened access to rehabilitation programs and employee assistance resources while preserving management’s authority to administer discipline and conduct post-accident testing consistent with departmental policy.
Next steps: the parties agreed to continue negotiating the drug-and-alcohol language and to clarify procedures for return-to-work timing and administrative leave in subsequent sessions.
