ATU Local 113 Defeats "Junk Science" and Protects Workers’ Privacy
For years, the Toronto Transit Commission (TTC) subjected our Local 113-Toronto, ON, members to random drug and alcohol testing based on junk science. Local 113 refused to accept it, calling the policy a violation of our members’ privacy and rights.
The Local challenged the policy in court, and won. In a historic ruling, labor arbitrator Laura Trachuk found in her 350+ page decision that the TTC’s random drug testing policy was unjustifiable, unconstitutional, unreasonable, and violated Section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search and seizure. Her ruling also said the TTC has not demonstrated that there is a “general problem” with drugs and alcohol in the workplace. As a result, the TTC can no longer impose random testing on its workers.
A Major Victory for Workers
Local 113 President/Business Agent Marvin Alfred called the ruling a major victory for workers’ rights to privacy. “Literally thousands of workers have been forced to undergo these unreasonable tests which were never fit for purpose. Hundreds of workers have lost their employment because they were forced to take tests that were inaccurate and unreliable. This policy has been a tragedy for the workers and their families who have been devastated because of the misguided and inappropriate use of tests,” said Alfred. “Apart from the loss of privacy and the lives ruined by this misguided program, the public has suffered. Public dollars that could have been used for real and effective safety initiatives were instead wasted.”
What the ATU is Doing to Make It Right
Arbitrator Trachuk also ordered reinstatement and other remedies for each of eight workers whose cases were used as “test cases”. Alfred applauded their reinstatement and pledged that our Local 113 will do everything necessary to make things right for every worker harmed by the TTC’s actions. The ATU will continue to fight to secure workers’ rights to privacy and security across our Union. This landmark victory not only restores dignity and pride to TTC employees, but it also sends a message to every ATU Local: worker privacy and protection is a right, not an employer’s privilege.