We have a city driver who was arrested for his Third DUI. He has lost his CDL and can no longer drive, except to work. The contract states that if an employee has their license suspended or revoked for such a reason he can have a leave of absence without loss of seniority for up to 3 years. The employee can also be given work opportunities ahead of casuals to preform non-CDL required job functions. Since they have been unable to hire anyone to fill our open bid created by this employee's DUI arrest, they are using him to fill a CDL required job on the midnight shift. He is called in every night to fill the CDL required job, but he can't bid it. He is hosteling on our yard but is not forced out on the street. This is a small terminal and everyone that was on this bid in the past was always forced in the city for a couple of hours because some nights the bid starts at 2 a.m. Every bid job we have here requires a CDL, there is not any job here that you can do without a CDL. Just curious if anyone else has seen such an action at their terminal and based on the contract if you think this should be allowable.