In Teck Coal Limited v United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local Union No 9346, 2014 CanLII 5829, the BC Labour Relations Board upheld the interim order of an arbitrator that had permitted the employer to continue testing pending a decision on the union’s grievance against the employer’s mandatory random alcohol and drug policy.
In Teck Coal Limited v United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, Local Union No 9346, 2014
CanLII 5829, the BC Labour Relations Board upheld the interim
order of an arbitrator that had permitted the employer to continue
testing pending a decision on the union's grievance against the
employer's mandatory random alcohol and drug policy.
The arbitrator had noted the existence of extensive and
substantial evidence to support the employer's case that
testing led to a reduction of safety risk from a preventative
standpoint. He had concluded that the risk of industrial accident
carried greater potential for irreparable harm than the harm to
employee privacy interests caused by continuation of drug and
alcohol testing pending the hearing and decision. The Board held
that the arbitrator had not erred in reaching that conclusion nor
had he erred in distinguishing other arbitral cases on the
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