In April of 2018 our Union filed a grievance (CHQ-18-31 Unreasonable Exercise of Management Rights and Human Rights- Pre-Employment Agreements) in relation to pre-employment agreements.
Unbeknownst to the Union, Air Canada had been asking new and prospective employees to sign an agreement prior to being hired. This pre-employment agreement asked the new hires to acknowledge and agree that as a condition of employment, they would not consume any narcotic or illicit drug. They would also agree that for a period of two years from their hiring date, they would be called randomly and would subject themselves to unannounced testing. If the test was positive, there would then be an evaluation by a substance abuse consultant and any failure to submit to testing would result in termination of their employment.
The Union brought this case forward to Level II and it was subsequently denied. The Union feels very strongly about this case and the violations of Human Rights that stem from this agreement and its requirements.
It is our view that any terms in a pre-employment agreement between the Company and an individual does not survive the act of hiring the individual as a bargaining unit member and is not enforceable. Put in plain terms, it is our firm position that as soon as someone becomes a Union member they are no longer held to the terms of these agreements.
We are putting out a call to all members to ask that if you have been required to sign any pre-employment agreement regarding random drug and alcohol testing that you contact me at t.mitchell@accomponent.ca.
Here for you,
Theresa Mitchell
Vice-President, Air Canada Component of CUPE