The Grievor Was Reinstated, Or Was He?

Previously printed in the LexisNexis Labour Notes Newsletter.

In the case of International Brotherhood of Electrical Workers, Local Union 1620 v. Lower Churchill Transmission Construction Employers' Assn. Inc. (Uprichard Grievance), [2017] N.L.L.A.A. No. 4, the arbitrator was faced with a reconsideration of his earlier decision to uphold the discharge of an employee for his failure to disclose medical marijuana use.  On judicial review, the court had found that there was just cause to impose discipline but the arbitrator's reasoning was inadequate with respect to the finding that termination was the appropriate remedy.  The matter had then been remitted to the arbitrator.

The facts of the case are relatively simple. The grievor took a number of steps to actively conceal the fact that he had a medical marijuana prescription and was a regular marijuana user.  He claimed he did not use while working and had followed his doctor's recommendation regarding marijuana