Suncor Decision Confirms Ability to Random Test Is Limited

Following the Supreme Court of Canada's decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. rendered in June 2013, which held that there must be "evidence of a problem with alcohol and drugs" in the workplace in order to justify the use of random alcohol testing of union employees in a dangerous work environment, the Alberta Arbitration Board has released its long- awaited decision in Unifor, Local 707A (the "Union") v. Suncor Energy Inc. ("Suncor"). The decision related to a grievance the Union had filed against a random alcohol and drug testing policy introduced by Suncor in 2012 (the "Policy"). Suncor wanted to randomly test all employees in "safety sensitive" positions for alcohol and drug use. The Union argued that the Policy violated employees' fundamental rights to privacy and respect and dignity in the workplace. The Union was successful up to the Court of Appeal level in initial injunction applications