Perhaps no current issue in Canadian labour and employment law
provokes more discussion and divergent opinion than the issue of
drug and alcohol testing. A recent decision of Arbitrator Thomas
Jolliffe, Q.C. will no doubt add to the growing discussion as its
import could have sweeping implications for worksites in
Ontario.
On October 31, 2008, Arbitrator Jolliffe released his decision
in United Association of Journeymen and Apprentices of the
Plumbing & Pipefitting Industry of the United States and
Canada, Local 663 v. Mechanical Contractors Association of Sarnia
(Drug and Alcohol Policy Grievance),1 upholding reasonable
cause and post-incident drug and alcohol testing policies. Although
Arbitrator Jolliffe rendered his decision in the context of a
construction industry grievance, his comments on the appropriate
scope and tenor of these policies are salient to a wide variety of
employers engaged in safety sensitive operations.
