A panel of the National Labor Relations Board determined that the employer violated the Labor Management Relations Act by unilaterally adopting and enforcing a no-tobacco-usage rule.  It did so because the management-rights clause in their agreement “makes no reference to any particular mandatory bargaining subject, including the subject of tobacco usage in the workplace.”  Thus, the union was found never to have waived its statutory right to bargain about the company’s institution and enforcement of the no-tobacco-usage rule.