transit
Misleading record
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.
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
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
The whole record, all 6 members
- Alejandra BravoFor
- Ausma MalikFor
- Dianne SaxeFor
- Jamaal MyersFor
- Josh MatlowAbsent
- Paul AinslieAbsent
Every name opens that member’s record.
On video
Jump to this item in the meeting video
Why is this story here?
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.