An Alberta arbitration board allowed the union's policy grievance and struck down the employer's random drug and alcohol testing policy in Unifor, Local 707A v Suncor Energy Inc, 2014 CanLII 23034. The policy was part of an array of measures adopted by Suncor to ensure the safety of its workforce in an admittedly hazardous workplace. A majority of the board held that Suncor had failed to show an existing problem at the worksite and in the bargaining unit that would justify the intrusive nature of the random testing. The policy was held to be unreasonable, despite considerable evidence of drug problems, including fatalities, in the area. The majority took issue with the inadequacy of drug testing by urinalysis in demonstrating impairment as opposed to recent use noted the absence of a proven connection between positive test results and the safety record at the worksite. A strong dissent outlines a number of perceived deficiencies in the majority reasons, including its refusal to consider evidence related to the 'Non-Represented Employees', i.e. employees outside of the bargaining unit represented by the union.
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