The Union grieved the imposition of a 10-day suspension for refusing a drug and alcohol test and the requirement to attend an IME.
The arbitrator held that in the circumstances, including the Employer’s automatic imposition of a 10-day suspension in every case of a positive test or refusal to test, a 6-day suspension was appropriate. On the IME issue, the Arbitrator emphasized that such exams are “extremely invasive” and before initiating one, an employer must inquire into less intrusive methods of obtaining information, and must only seek information that is reasonably necessary, which it had not done here. The Grievor was awarded $5000 in privacy damages.