Battle over Bill C-4 / Suncor loses random testing case
Union files legal challenge against Ottawa’s Bill C-4
OTTAWA — The largest federal public sector union has taken the first step in its legal challenge of Bill C-4, which it says has gutted the collective bargaining rights of its employees.
On March 24, the Public Service Alliance of Canada (PSAC) filed its constitutional challenge against the federal government’s omnibus budget bill at the Ontario Superior Court of Justice.
In it, PSAC alleged that giving the employer an arbitrary right to declare certain services "essential" is unconstitutional. As well, dispute resolution mechanisms — particularly arbitration — would be restricted. Whereas unions are free to choose between walking off the job or binding arbitration, Bill C-4 would limit those options.
"The bill was drafted with no consultation with public sector bargaining agents and eliminates labour rights gained over the last 50 years, and severely undermines the ability of federal employees to negotiate on a fair playing field," PSAC said.
Tabled last October, the budget bill introduced sweeping changes to federal labour relations, such as giving the government the ability to declare its services as essential (and therefore limiting the workers’ ability to walk off the job as a negotiating tactic). Under Bill C-4, the Public Service Labour Relations Act would also be amended to make it illegal to strike if 80 per cent or more of bargaining unit members are declared to be part of an essential service. As well, the legislation limits the use of arbitration for resolving disputes.
At the end of 2013, federal public sector unions pooled resources ahead of this year’s scheduled round of collective bargaining with the Treasury Board to legally challenge Bill C-4.
Suncor's random drug and alcohol testing violated workers' rights
FORT MCMURRAY, Alta. — The random drug and alcohol testing of employees at a Suncor site outside Fort McMurray, Alta., was found to violate the fundamental rights of workers to privacy, respect and dignity in the workplace.
"Random drug testing of workers that have done nothing wrong is a violation of their basic rights," said Roland Lefort, president of Unifor Local 707A. "We will work with Suncor to achieve the highest possible levels of workplace safety with education and prevention, not invasive medical procedures."
Released on March 26, the ruling was the result of Unifor’s grievance against Suncor’s Oil Sands Operations after the company announced the unilateral implementation of random drug and alcohol testing in 2012. Unifor was granted an injunction to block the random testing until the case could be heard by an arbitration panel.
"In the safety sensitive world at Suncor’s Oil Sands Operations, there is no excuse for working under the influence of alcohol or drugs," the board stated in its ruling.
However, based on the evidence provided, the board found Suncor did not have sufficient basis to justify random drug or alcohol testing. The board ruled the workplace lacked an "out-of-control" culture with respect to drugs and alcohol that would have justified the imposition of random testing.
The board therefore found Suncor’s imposition of a random drug and alcohol testing policy was an unreasonable exercise of management rights.
Suncor’s previously existing drug and alcohol policy — unaffected by the ongoing litigation — includes post-incident and reasonable cause testing.
"There is no evidence that random testing improves safety, which is why Unifor is committed to more reliable methods to keep our members safe on the job while respecting the dignity of our members," said Unifor national president Jerry Dias.
