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June 14, 2013
On June 14, 2013, in its highly anticipated decision in Communications, Energy and Paperworkers’ Union of Canada, Local 30 v. Irving Pulp & Paper, Limited, the Supreme Court of Canada upheld the original arbitration board decision to strike down the employer’s mandatory random alcohol testing policy. The majority of the SCC decided that:
The SCC decided the employer exceeded the scope of its management rights under the collective agreement when it imposed the mandatory random alcohol testing policy in its kraft mill.
The SCC’s decision overruled the NB Court of Appeal’s July 7, 2011 decision. The NB Court of Appeal had found the arbitration board’s decision to be unreasonable. The Court of Appeal upheld the policy, confirming that in an “inherently dangerous” workplace, an employer can adopt a policy requiring mandatory random alcohol testing of employees in safety sensitive positions by breathalyser without first proving there is an existing alcohol problem in the workplace in. Read McInnes Cooper’s August 6, 2011 Legal Update N.B. Court of Appeal Upholds Mandatory Random Alcohol Testing Policy.
Read the SCC’s decision in Communications, Energy and Paperworkers’ Union of Canada, Local 30 v. Irving Pulp & Paper, Limited.
Read McInnes Cooper’s full analysis of this case.
Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Labour and Employment Team to discuss this topic or any other legal issue.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
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