In Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, a decision released on June 14, 2013, the Supreme Court of Canada has confirmed the limited ability of management to unilaterally impose random alcohol testing policies for employees in a dangerous workplace – unless the imposition of any such policy is a “proportionate response” that balances the legitimate safety concerns of management with the privacy interests of employees.
In its decision, the Supreme Court of Canada reviewed whether the management rights clause of Irving’s collective agreement was sufficiently broad to enable Irving to unilaterally adopt a policy whereby ten percent of employees in safety-sensitive positions at its paper mill would be randomly selected for unannounced alcohol (breathalyzer) testing. [Continue reading]
