United Steelworkers Local 9346 (Elkview Operations) V. Teck Coal Limited, 2013 CANLII 82541 (BC LA)
In this decision, a labour arbitrator refused to prohibit the implementation of a random drug and alcohol testing policy pending a decision on the merits of a grievance filed by the employees' union.
In December 2012, Teck Coal Limited (Teck) introduced a policy of random drug and alcohol testing at its coal mining operations, replacing its previous policy of "reasonable cause" testing. A union (Union) representing employees at two of Teck's operations filed a grievance over the new policy and the parties went to arbitration. At the arbitration, the Union sought a pre-hearing order prohibiting Teck from continuing to implement the policy until the grievance was decided on its merits.
Teck conceded that there was a serious question to be tried, which left the arbitrator to focus on the "balance of convenience," and, in particular, whether issuing the order or refusing the order was most likely to result in "irreparable harm." "Irreparable harm" denoted harm that could not be adequately compensated by damages.
Ultimately, the arbitrator found that the possibility of industrial accident (if the testing policy was prohibited in the interim) carried greater potential for irreparable harm than the invasion of privacy that would result from unwarranted drug and alcohol testing, and that the drug and alcohol testing was more amenable to being compensated in damages. As a result, the Union's application for a pre-hearing order prohibiting implementation of the policy was dismissed.
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