In a recent court case from Ontario, Amalgamated Transit
Union, Local 113 v Toronto Transit Commission, 2017 ONSC 2078,
the Amalgamated Transit Union, Local 113 (the "Union")
applied for an injunction to prevent the Toronto Transit Commission
(the "TTC") from implementing random drug and alcohol
testing for its employees.
The Facts
The TTC implemented a "Fitness for Duty Policy" back
in 2010 (the "Policy"). The Policy permitted drug
and alcohol testing in several situations, including where there
was reasonable cause to believe alcohol or drug use resulted in an
employee being unfit for duty and as a final condition of the
appointment to a safety sensitive position. The Policy did
not initially provide for random testing, but the TTC advised the
Union that it reserved its right to implement same. The Union filed
a policy grievance and the arbitration commenced in March 2011. To
date, the arbitration is still ongoing with no end date in
sight.
