The applicant union sought judicial review of an arbitration award that upheld the employer's random drug testing policy for safety-sensitive positions at the airport.
The Divisional Court found the arbitrator's decision unreasonable because it departed from established arbitral jurisprudence without justification.
Specifically, the arbitrator upheld the policy without any evidence of a workplace drug problem at the airport, relying instead on evidence from a different case involving a different workplace.
The application for judicial review was granted, the award was set aside, and the grievance was remitted to a new arbitrator.
