The applicant sought judicial review of an arbitration award that declared pre-access alcohol and drug testing, implemented in response to Suncor's site access requirements, violated the collective agreement.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, which relied on the Supreme Court of Canada's framework in Irving Pulp & Paper.
The court found the arbitrator reasonably concluded there was no evidence of a substance abuse problem at the Sarnia worksite to justify the privacy intrusion of pre-access testing.
The application for judicial review was dismissed.
