Public Service Alliance of Canada BC

TORONTO- Random workplace drug testing is intrusive and an unreasonable exercise of management rights an arbitrator ruled on June 28. The policy grievance against the Greater Toronto Airports Authority (GTAA) was launched by PSAC for Local 00004 in February 2001.

The GTAA’s Drug and Alcohol Testing Policy, which was developed and implemented without union input, cast a wide net and called for provocative measures such as random drug testing involving urine samples, pre-appointment testing and the imposition of discipline upon a positive test. Noting that a positive drug test does not indicate impairment, the Arbitrator also rejected employer arguments that positive tests legitimately alert the employer to increased safety risks.

Highlighting the disconnect between drug test results, impairment and safety, the Arbitrator pointed to the Supreme Court of Canada decision in Meiorin and ruled that the employer could not justify the discriminatory aspects of the policy because the testing could not be shown to be reasonably necessary for the accomplishment of a work-related purpose.

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Update: Aug 22^nd - A mediator has been appointed and the strike averted. Details at cbc.ca.

The International Association of Machinists and Aerospace Workers is poised for strike action in their struggle to achieve a first collective agreement for unionized workers conducting perimeter security at YVR, the employer is Securiguard Services Ltd. There may be labour disruptions as early as tomorrow.

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