In re: Illinois American Water Company and Laborers, Local 165

An employer imposed a rule banning smoking in company facilities and vehicles.  An arbitrator ruled that the policy is reasonable if it is limited to the company facilities and vehicles that are carrying more than one person.  Ruling that the right to bargain over the no-smoking rule was waived by the parties, the arbitrator ruled that the proper remedy is to invalidate that portion of the rule that banned smoking in vehicles carrying only one person.

100 LA 836 (1993).