A&D Arbitration Award 2024 Update

Update: Arbitration and Labour Board Decisions Reinforce Employee Privacy in Drug and Alcohol Testing Case

‍CEWA is providing the following update on the outcome of a significant policy grievance regarding the employer’s use of random drug and alcohol testing.

Background

‍The grievance concerned the employer’s decision to place an employee into a two-year random drug and alcohol testing program following a fatigue-related incident and the disclosure of prescription medication. CEWA challenged the basis for this decision, including the process and conclusions reached by the Substance Abuse Expert (SAE) used by the employer.

Arbitration Decision

‍In a decision released in 2024, the arbitration panel ruled in favour of CEWA, finding that the employer violated the employee’s rights by imposing a testing regime based on an SAE assessment that was unsupported by sufficient medical evidence.

The arbitrator concluded that:

• The SAE did not adequately explain how the grievor met the diagnostic criteria for a substance use disorder.
• The employer relied on the assessment without seeking clarification, even after the employee raised legitimate concerns about its accuracy.
• The resulting testing program was an unjustified invasion of the employee’s privacy.

As a remedy, the arbitrator awarded:

• $12,500 in general damages for the breach of privacy.
• Compensation for lost earnings due to work reassignment following non-negative test results under the testing regime.

The full arbitration decision is available here: 2024 CanLII 127098 (AB GAA)

Labour Board Decision

Following the arbitration, the employer applied to the Alberta Labour Relations Board for review. In its decision, the Board dismissed the employer’s application and upheld the arbitration award in full.

The Board affirmed that:

• The arbitrator’s findings were reasonable and supported by the evidence.
• Employers are expected to take steps to verify or clarify medical assessments—particularly where those assessments are used to justify highly invasive measures such as random testing.
• The grievance procedure was properly followed, and no basis existed to overturn the award.

The full Labour Board decision is available here: ALRB Decision AR-00081

Next Steps

‍This decision strengthens important protections for employee privacy and due process in the use of workplace A&D testing programs. CEWA will continue to ensure that any such measures are implemented only in accordance with the collective agreement and supported by proper evidence.

Members who have concerns about testing, medical assessments, or accommodations are encouraged to contact their CEWA representative for support.