Labour & Employment Law Bulletin: Supreme Court of Canada Upholds Labour Arbitration Board Decision Rejecting Random Alcohol Testing
On Friday June 14, 2013, the Supreme Court of Canada released its eagerly-awaited decision, Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34, a case concerning random alcohol testing at a paper mill operation in Saint John, New Brunswick. A majority of the Court upheld the decision of the labour arbitration board that mandatory random alcohol testing by breathalyzer was not permitted even though it was limited to employees in safety-sensitive positions.
The Court unanimously agreed that, in a unionized setting, any rule or policy unilaterally adopted by an employer and not subsequently agreed to by a union must be consistent with the collective agreement and be reasonable. For random alcohol testing, the Court similarly agreed that the employer must first establish that there is a substance abuse problem in a safety sensitive work environment to justify such testing as reasonable.
Writing for the majority, Madam Justice Abella found that the unilateral imposition of the random alcohol testing policy by the employer was not justified because there was insufficient evidence of a substance abuse problem in the workplace. While the Court did not take issue with the finding that certain positions in the paper mill were safety sensitive, the majority found that the employer’s evidence, which amounted to seven instances over fifteen years where employees were under the influence of alcohol, consuming alcohol, or in the possession of alcohol on company premises as well as testimony by a former superintendent of a pervasive alcohol abuse problem at the mill, did not demonstrate a significant problem with workplace alcohol use which could justify the imposition of random alcohol testing. The majority noted that random testing, be it by blood, urine, or breathalyzer, amounted to a significant infringement of employees’ privacy rights.
For employers in a unionized setting, the decision confirms that random alcohol testing for safety sensitive positions will only be
For more information please contact Chris Beneteau at 604.631.9259 or a member of our Labour and Employment Group at 604.685.3456.
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