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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3393
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I work for an Alberta Union in June of this year i failed a

Customer Question

I work for an Alberta Union in June of this year i failed a preaccess d&a test because i have smoked marijuana.Because i failed i had to go for a Psyc evaluation .During the evaluation i told the truth about my younger years when i used cocaine until i had a heart attack and had to have open heart surgery in 2011 .After this life changing event i stayed of of all substances except cannabis.So the corporate psychologist did not believe me and sentenced me to 28 days in house treatment plus 12 1 hour sessions with a Psychologist.I am not allowed back to work until i do the treatment.I feel this was a knee jerk reaction i am 58 years old with 41 years in the Boilermaker trade .Now im out of my lively hood and dont know who to talk to because i dont feel right going for in house treatment for Cannabis. What are my legal options?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 4 months ago.

Hello, thank you for the question.

If you belong to a Union, there are only two choices. Either the Union grieves this condition of the employer, or if they won't then you sue the Union for not doing its job standing up for you if you think that there's a chance of succeeding in that that lawsuit.

The union has the sole right and responsibility of representing you as against the employer, under the collective agreement. If they won't represent you (and maybe they think that there's no point in grieving this because they'd lose), then you either accept that or sue the union.

I assume that you've talked to your shop steward or union rep about this?