In a case of whether ATCO justifiably ordered drug and alcohol testing after a vehicle accident involving two of its employees, the court upheld its decision in favor of the employee, dismissing an application for judicial review of an Arbitration award. One of the employees involved in the accident tested positive for cannabis as part of post-incident or “for-cause” testing. The Union grieved the testing requirement, challenging the application of the Policy to two employees. Three considerations were adopted by the Arbitration Board: The threshold level the incident required to justify testing; the degree of inquiry necessary before the decision to test is made; and the necessary link between the incident and the employee’s situation to justify testing.

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