read full article at The Free Press By Tamara Hynd - The Free Press
Published: November 25, 2013 3:00 PM
Updated: November 25, 2013 3:51 PM
The United Steel Workers local 9346 (Elkview) took Teck Coal Ltd.’s drug and alcohol testing policy to the Court of Appeal while the issue is before the Labour Relations Board in efforts to halt the testing in the interim. On Nov. 12, the BC Court of Appeal dismissed the appeal for an interim injunction on Teck's drug and alcohol policy on the grounds that the Labour Relations Board has jurisdiction on the matter. That means Teck can continue to randomly test employees for drug use at five of the open pit coalmine facilities in the Elk Valley while the matter is currently before the Labour Relations Board.
The Court of Appeal made no determination as to the actual injunction, or the merits of the case, or any other determination regarding the legality of random testing. They simply decided they did not have the jurisdiction to even look at the injunction case, and decided it belonged before the Labour Board where it now currently resides.