Case Update - Drug And Alcohol Testing

Mandatory random drug and alcohol testing has been at the centre of a litigious tug-of-war at arbitration boards and courts across Canada. However, the relevant legal principles may soon be clarified as the Communications, Energy and Paperworkers Union of Canada, Local 30 (the "Union") has been granted leave to appeal to the Supreme Court of Canada, a decision of the New Brunswick Court of Appeal which upheld Irving Pulp & Paper Limited's ("Irving") policy on mandatory random alcohol testing on "inherently dangerous" work sites.

Irving operates a kraft paper mill which is considered an inherently dangerous work site. Irving instituted a mandatory random alcohol testing program for employees holding "safety sensitive" positions. At arbitration, the Union successfully argued against the random alcohol testing of its members. Irving subsequently appealed to the New Brunswick Court of Queen's Bench where the Arbitration Board's decision was quashed. The Union then