Unionized drug testing dealt blow (Legal view)

But Ontario Court of Appeal decision leaves door open for non-unionized employers

Attempts by Ontario employers with unionized workplaces to deter alcohol and drug impairment in the workplace with random testing programs may have been foiled by the Ontario Court of Appeal. In a unanimous decision, the court has upheld an arbitrator’s ruling that employers cannot implement random drug and alcohol testing in a unionized workplace without the union’s consent.

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