In re: Lincoln Brass Works, Inc. and Amalgamated Clothing and Textile Workers Union Local 2548

Motivated by the 1993 report by the U.S. Environmental Protection Agency (EPA) on the health hazards of secondhand smoke, a company unilaterally imposed a ban on smoking inside all company buildings.  The union claimed that the company refused to meet and bargain about the proposed no-smoking policy.  Even though an arbitrator found that “the no smoking policy has much to recommend it,” she ruled that the policy violated the collective bargaining agreement and that “the Company erred when it did not provide the Health and Safety Committee [which is comprised of two company representatives and two union representatives] with the EPA’s” findings and discuss the implications of secondary smoke for the Lincoln Brass plant.”  The arbitrator ruled that the no-smoking rule would remain in force during the Health and Safety Committee’s discussion and investigations but that the discipline meted out to those who had violated the policy “will be undone and all those disciplined will be made whole.”

102 LA 872 (1994).