In its decision on a recent policy grievance, an Arbitrator refused to allow an employer to unilaterally impose a random alcohol and drug testing program, serving as a reminder of the challenges facing employers in the implementation of such policies. On the facts, in 2012 the employer, an oil company, attempted to implement a urinalysis based … Continue reading
The Supreme Court of Canada has released an important decision on the enforceability of unilaterally imposed random alcohol testing policies in the unionized context. In a 6-3 split, a majority of the Supreme Court upheld an arbitration board’s award that determined Irving Pulp & Paper, Limited’s (“Irving”) unilaterally imposed random alcohol testing policy violated its … Continue reading