Suncor went to Alberta’s highest court Wednesday seeking to block a temporary injunction stopping them from starting a random alcohol-and-drug-testing operation.
Arguing that any delay could lead to a “greater risk” of injury, death or “environmental catastrophe,” Suncor lawyer Tom Wakeling asked Court of Appeal of Alberta Justice Jack Watson to stay the temporary injunction — which was granted in Court of Queen’s Bench on Friday — pending an appeal of the decision set for Nov. 26.
“Every day that passes, the risk increases,” said Wakeling, who suggested that the judge who granted the injunction was wrong to put the privacy rights of unionized Suncor workers above the company’s desire to have a safer workplace at its “inherently dangerous” oilsands operation near Fort McMurray.
Union lawyer Ritu Khullar asked for the stay application to be dismissed after questioning how Suncor could be facing “irreparable harm” by the temporary injunction when the company had announced in June that the random testing was going to begin on Oct. 15.
Khullar also argued that the random testing was a serious invasion of the privacy rights of the unionized workers and could cause irreparable harm to innocent employees.
Watson told the lawyers he would make a ruling as quickly as possible, but did not set a date for it.
On Friday, Justice Eric Macklin granted the temporary injunction and ordered the two sides to get to arbitration on an “expedited basis” regarding a grievance about the random testing which was earlier filed by the union.
Macklin also noted records show there are clearly alcohol and drug problems among workers at the oilsands plant.
Court heard there are 3,400 members of CEP (Communications, Energy and Paperworkers) Local 707 working at Suncor’s Fort McMurray oilsands operation.
Another 3,400 private contractors who work at the operation are slated to face the random testing on Jan. 1.
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