Question $8(1$ point$)$

Review the "headnote" $($summary of the case decision$)$ in the SCC decision in Communications, Energy and Paperworkers Union of Canada, Local $30$ v$.$ Irving Pulp & Paper, Ltd$.,2013$ SCC $34.$ You will note that the decision was not unanimous. The reasons cited by the dissenting minority that supported dismissing the appeal were:

that the Board had acted unreasonably by failing to follow prior arbitral consensus. Earlier arbitration decisions had held that an employer must demonstrate evidence of an alcohol problem in the workplace in order to justify a random alcohol testing policy. It was not necessary for an employer to show a serious problem of alcohol abuse existed before proceeding with testing..

that in the absence of a reasonable explanation for its novel test, the board must have had some reason for misapplying the test, which was all that was required.

that it was open for the board in this case to depart from the arbitral consensus in reaching its conclusion, provided it had a reasonable basis for doing so$.$ The board demonstrated that it was reasonable to depart from earlier precedents.

that the board applied the legal test emerging from the arbitral consensus.