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Review the headnote ( summary of the case decision ) in the SCC decision in Communications, Energy and Paperworkers Union of Canada, Local 3 0
Review the "headnote" summary of the case decision in the SCC decision in Communications, Energy and Paperworkers Union of Canada, Local v Irving Pulp & Paper, Ltd SCC You will note that the decision was not unanimous. The majority decided that:
Select one:
a the random testing policy was justified because of the evidence of an existing problem with alcohol use in the workplace.
b arbitral jurisprudence recognizes ah unqualified right of employers to unilaterally impose workplace rules on their employees outside of the collective bargaining process.
c the employer exceeded the scope of its rights under the collective agreement by imposing random testing without first demonstrating that there was a problem with workplace alcohol use.
d the appeal should be dismissed. The board departed from an arbitral consensus that has attempted to strike a balance between competing interests in privacy and safety in the workplace. In doing so its decision was unreasonable.
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