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Post-Incident Drug and Alcohol Test was Unreasonable – Grievor Awarded Damages for Breach of Privacy

Interfor Corporation v United Steelworkers, Local 1-405, 2022 CanLII 15915 (BC LA) The grievor, a sawmill worker, was moving empty Oxygen and Acetylene cylinders on pallets using a forklift. After he failed to properly secure a load of cylinders, they spilled from the pallet onto the ground. The employer conducted an investigation and concluded the spill had been a “triggering incident” under ...
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Introduction of Tethered Feller-Bunchers which Eliminated Hand Faller Positions was a Technological Change

Coastline Forestry Group Inc. v United Steelworkers, Local 1-1937, 2018 CanLII 74197 (BC LA) The employer introduced tethered feller-bunchers (mechanical tree harvesters) in their operation during the same month it laid off its only two hand fallers. The tethering system enabled the feller-bunchers to harvest steeper slopes and rough terrain which previously required hand fallers. The issue at ...
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Arbitrator Strikes Down Annual Drug and Alcohol Testing Policy and Awards “Significant Damages” for Breaches of Workers’ Privacy Rights

Seaspan ULC v. Canadian Merchant Service Guild (Chambers and Group Grievances), [2017] C.L.A.D. No. 22 (McEwan). The Canadian Merchant Service Guild (the “Union”) challenged Seaspan’s (the “Employer”) right to require annual drug and alcohol testing for officers under threat of penalty. The Employer felt it was entitled to introduce the testing because it agreed to do so as a term of its contra...
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