In re: Bayer Corp. and International Chemical Workers Union, Local 566

An employer started negotiations proposing a total ban on all tobacco use, then modified its proposal to ban smoking within the plant.  It also answered the union’s proposal of a central smoking area by saying that it would be inefficient and logistically troublesome; furthermore, the company’s proposal was accepted by the union during a ninth negotiation meeting, leaving only the implementation date as the remaining issue of disagreement.  Taking these factors into account, an arbitrator determined that the employer had bargained in good faith and that an impasse was reached regarding the implementation date of the no-smoking policy.  At the point of impasse, the employer imposed an effective date.  The arbitrator denied the union’s grievance.

110 LA 924 (1998).