City's alcohol testing rule leaves little room for flexibility

Last-chance agreement required worker to take test whenever requested by employer: Arbitrator
By Jeffrey R. Smith
|Canadian Labour Reporter|Last Updated: 05/02/2016

An Ontario employee breached his last-chance agreement by refusing to take an alcohol test until he had a union representative present, an arbitrator has ruled.

Scott Heath was an employee of the City of Cornwall, Ont., for 29 years. On Oct. 29, 2013, Heath’s employment became contingent on a memorandum of agreement that was the result of alcohol-related misconduct, including being impaired at work and operating a vehicle while impaired.

Under the memorandum, Heath was required to undergo random alcohol testing whenever requested by the city, for a period of 24 months.