TTC must reinstate eight workers and revise drug-testing policy after arbitrator rules random testing unlawful

An arbitrator has ordered the TTC to reinstate eight employees and struck down the transit agency's random drug and alcohol testing policy as implemented. The board voted 5-3 to accept this decision, which removes a safety tool the TTC had relied on and requires the agency to negotiate a compliant testing regime with the union.

The record says: “The board voted 5-3 to 'adopt the action taken in camera' and authorize confidential appendices to remain confidential”. The substantive decision, whether to accept the arbitrator's ruling striking the random drug and alcohol testing policy and ordering the reinstatement of eight grievors, was deliberated and decided behind closed doors. The public record shows only a procedural vote to adopt that closed-door action and keep the reasoning confidential.

amendedToronto Transit Commission Board · Wed, Aug 5Court rulingClosed doors

Also in this item

• Arbitrator Trachuk's decision struck the TTC's random drug and alcohol testing policy, finding it was not implemented in compliance with the collective agreement. The TTC must now negotiate a lawful testing regime with ATU Local 113.

• Eight TTC employees were ordered reinstated by the arbitrator, likely with compensation, as a remedy for the unlawful terminations or discipline under the struck policy.

The journey

Wed, Aug 5 · Toronto Transit Commission Board · amended

Decision

The board adopted the action taken behind closed doors and authorized that confidential appendices remain confidential. The substantive decision—accepting Arbitrator Trachuk's ruling that struck the random drug and alcohol testing policy and ordering reinstatement of eight grievors—was made behind closed doors and is not disclosed in the public record.

The vote

Amend Item · Carried, 5-3

For (4)Alejandra Bravo, Ausma Malik, Dianne Saxe, Jamaal Myers

Absent (2)Josh Matlow, Paul Ainslie

The whole record, all 6 members

Every name opens that member’s record.

On video

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Why is this story here?

StructuralAn arbitrator has removed a safety management tool the TTC relied on, ordered the reinstatement of eight workers, and imposed a binding constraint on how the agency can implement fitness-for-duty testing going forward. This is irreversible without a successful grievance counter-appeal (extremely unlikely) and structurally changes what the TTC is permitted to do in managing employee safety and fitness.Touches a narrow groupThe decision affects TTC employees directly, but does not change service, fares, routes, or safety outcomes for riders in an observable way this week. The reinstatement of eight workers and the policy revision are real but touch a narrow group (union members) and operate one remove from a typical rider's daily experience.

Stories are ordered by how much weight a decision carries and how directly it reaches daily life. They rise as a decision date approaches and fall as they age.

The record as the City filed it

Staff recommended

It is recommended that the TTC Board: 1. Approve the Confidential Recommendation as set out in the Confidential Attachment 1; and 2. Authorize that the information provided in Confidential Attachment 1 is to remain confidential in its entirety as it contains advice which is subject to client-solicitor privilege.

Considered

2026-08-05 · Toronto Transit Commission Board · amended
Decision as filed
The TTC Board: 1. Adopted the action taken in camera; and 2. Authorized that the information provided in Confidential Attachments 1 and 2 is to remain confidential in its entirety as it contains advice which is subject to client-solicitor privilege.

Official title: Fitness For Duty Grievance Update · the item as the City filed it · meeting video