Random alcohol tests at Irving paper plant shot down by Supreme Court

OTTAWA – The Supreme Court of Canada says an employer who wants to impose random alcohol testing on unionized workers in a dangerous work environment must show it is a reasonable move.

The justices say a mandatory random alcohol testing policy imposed by Irving Pulp and Paper at a New Brunswick kraft mill in 2006 was unreasonable and was properly rejected by a labour arbitration board.

In a 6-3 decision, the justices sided with the Communications, Energy and Paperworkers Union of Canada, which brought a grievance against the policy.

A New Brunswick court overturned the arbitration initial ruling against the company, but the Supreme Court restored it, saying the board was right in rejecting the tests because there was no evidence of an alcohol problem at the plant.

The justices said the applicable standard for judging such matters is reasonableness.

The three dissenting judges said they found the arbitration ruling unreasonable and that it was properly set aside by the lower court.