In re: Parker Pen USA, Limited and Local 633, United Rubber, Cork, Linoleum & Plastic Workers of America, AFL-CIO-CLC

An employer banned smoking and the use smokeless tobacco on company premises.  The past practice has been to permit smoking on the job except in designated areas “for safety reasons” and the exception has only been applied in connection with fire hazards.  The arbitrator ruled that the policy is invalid, also noting that the bargaining history foes not reveal an intent to extend the safety exception to health hazards.

90 LA 489 (1987).