CPR worker fired after alcohol test refusal

Worker denied consuming alcohol but refused test; refusal treated same as positive test under policy
|Canadian Employment Law Today|Last Updated: 01/20/2015

An arbitrator has upheld a railway conductor’s termination for refusing to submit to an alcohol test.

The employee was a conductor for Canadian Pacific Railway (CPR), hired in 1999. On Dec. 24, 2013, conductor worked on an overnight train from Smiths Falls, Ont., to Montreal, arriving in the morning. The crew on the train – consisting of the conductor and an engineer – was scheduled to finish their assignment at a hotel and head back to Smiths Falls by taxi in the afternoon.