Item - 2026.TTC17.1
Tracking Status
- This item was considered by Toronto Transit Commission on August 5, 2026 and was adopted with amendments.
TTC17.1 - Fitness For Duty Grievance Update
- Decision Type:
- ACTION
- Status:
- Amended
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals and advice that is subject to solicitor-client privilege
Commission Decision
The TTC Board:
1. Adopted the action taken in camera; and
2. Authorized that the information provided in Confidential Attachments 1 and 2 is to remain confidential in its entirety as it contains advice which is subject to client-solicitor privilege.
Origin
Summary
On July 13, 2026, Arbitrator Trachuk released her decision allowing ATU Local 113’s policy grievance that challenged the TTC's implementation of random drug and alcohol testing under the TTC’s Fitness for Duty Policy. In addition to the policy grievance there were eight test cases and Arbitrator Trachuk ordered the reinstatement of all eight grievors.
This report provides an update on the Arbitration Decision and next steps.
Background Information
https://www.toronto.ca/legdocs/mmis/2026/ttc/bgrd/backgroundfile-290079.pdf
Attachment 1 - Confidential Attachment
Attachment 2 - Confidential Attachment
Communications
Motions
It is recommended that the TTC Board:
1. Adopt the action taken in camera; and
2. Authorize that the information provided in Confidential Attachments 1 and 2 is to remain confidential in its entirety as it contains advice which is subject to client-solicitor privilege.
Vote (Amend Item) Aug-05-2026
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 5 | Members that voted Yes are Alejandra Bravo, Ausma Malik, Joe Mihevc, Jamaal Myers (Chair), Dianne Saxe |
| Total members that voted No: 3 | Members that voted No are Fenton Jagdeo, Liane Kim, Julie Osborne |
| Total members that were Absent: 2 | Members that were absent are Paul Ainslie, Josh Matlow |