Background
On October 15, 2012, Suncor Energy Inc. ("Suncor")
introduced a drug and alcohol policy that permitted it to engage in
random drug and alcohol testing for workers occupying safety
sensitive positions. Unifor Local 707A ("Unifor"), the
designated bargaining agent for certain Suncor employees, filed a
grievance on the basis that the policy infringed individual privacy
rights. The matter proceeded to arbitration where, following a 23
day arbitration hearing, the majority concluded that Suncor failed
to demonstrate that it had a general problem with substance abuse
at its workplace, and that the policy imposed by Suncor was not
proportionate to the concern it hoped to address. While Suncor led
extensive evidence about employee substance abuse problems at its
Fort McMurray operations (over 2,000 drug or alcohol related
incidents), much of Suncor's evidence related to the workplace
as a whole, and did not distinguish between unionized employees,
non-unionized
