Background:
SaskEnergy Incorporated sought judicial review of an arbitration decision involving its Drug and Alcohol Policy. The dispute arose after SaskEnergy required drug and alcohol tests for employees involved in two incidents. The employees, represented by Unifor Local 649, grieved the testing as an unjustified violation of privacy under the collective bargaining agreement.

Key Issues:
The key legal question was whether SaskEnergy's demand for post-incident drug and alcohol testing complied with its policy and balanced safety concerns with employee privacy rights. SaskEnergy argued the testing was justified as a reasonable line of inquiry following significant incidents. The union contended there was no reasonable suspicion or investigation to warrant testing.

Decision:
The Arbitrator found that SaskEnergy failed to justify the testing. Key failures included a lack of discernible reasons to suspect impairment, insufficient investigation, and no evidence of abnormal behavior by employees. The Arbitrator awarded damages for privacy violations: $1,500 each to four grievors and $2,000 to one grievor, totaling $8,000.

Judicial Review Outcome:
The court upheld the Arbitrator’s decision, ruling it reasonable and consistent with labor jurisprudence. The Arbitrator's application of the Drug and Alcohol Policy and the balancing of privacy and safety interests were deemed appropriate.

Costs:
The Union, Unifor Local 649, was awarded costs of the judicial review in the usual manner. Financial terms were not specified.