Suncor Saga Update: Suncor's Random Drug And Alcohol Testing Policy Will Be Sent Back To Arbitration

In our last update on the ongoing legal saga between Suncor and Unifor, Local 707 (the "Union"), the majority of the Alberta Court of Appeal had upheld an injunction that prevents Suncor from carrying out random drug and alcohol testing at its mine site north of Fort McMurray. The injunction is in place while the issue of whether or not Suncor's random testing policy was reasonable winds its way through the courts.

The most recent update is the decision of the Supreme Court of Canada to deny leave to appeal to the Union.

By way of background, in 2012, Suncor implemented a random testing policy for workers in safety-sensitive positions at the mine site. The Union grieved. After 23 days of arbitration, the majority of the arbitration panel decided in 2014 that the policy was unreasonable. Basing its decision on the principles outlined in the 2013 Supreme Court of Canada decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper