In re: Akron Brass Co. and International Association of Machinists & Aerospace Workers Lodge 1581

A unilaterally promulgated no-smoking policy to be implemented in three stages was ruled unenforceable as to the third stage (a total ban on smoking).  The arbitrator ruled that management did have an exclusive right to establish reasonable shop rules but the rarity of instances in which a total smoking ban has been instituted precludes a finding that such a rule is reasonable.  However, at 101 LA 289 (1993), the same arbitrator four years later ruled that the company may impose such a ban.  By instituting a total smoking ban, “Akron Brass is conforming to an industrial pattern that is now widespread — indeed, is increasing — and, as well, is now widely approved by arbitrators.”

93 LA 1070, FMCS Case No. 89/20016 (1989).