In re: Union Sanitary District and United Public Employees, Local 390

An arbitrator ruled that an employer’s right to manage and control facilities and operations does not entitle it to prohibit employees from smoking in their office in the district administration building.  The arbitrator found that “grievants’ smoking has only minimal impact on the public” in that the smoking employees are frequently out on the road.  Furthermore, the building is located across a patio area from the OperationsBuilding, which has a more flexible smoking policy.  Thus, the policy for the administration building is unreasonable.

79 LA 193 (1982).