SMOKING

Department of Agriculture, Food Safety and Inspection Service, Washington, DC and National Joint Council of Food Inspection Locals, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 116, September 16, 1997 (Release No. 401).

The AGENCY proposed the following:

The smoking of any tobacco products in any building and facilities (or portion thereof) owned, leased, or occupied by [USDA, FSIS] personnel is strictly prohibited. Smoking is also prohibited in USDA owned and GSA or commercially leased vehicles which are leased for more than 60 days within the custody and control of USDA, FSIS and/or its employees.

The UNION proposed the following:

The decision to permit smoking in [IO] field offices, [IO controlled vehicles], and IO controlled break rooms in official establishments is to be based on the vote of the assigned employees. Smoking is not permitted when only one IO employee assigned to the subject location votes against it. When plant management has a designated area(s) for their employees to smoke and IO employees are permitted access to it, IO employees may smoke in such areas. This situation is not subject to the IO employee voting requirement.

The PANEL ordered a modified version of the AGENCY's proposal:

The smoking of any tobacco products in any buildings and facilities (or portions thereof) owned, leased, or occupied by United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) personnel is strictly prohibited. Smoking is also prohibited in USDA owned and GSA or commercially leased vehicles which are leased for more than 60 days within the custody and control of USDA, FSIS and/or its employees. However, when a private employer has a designated area or areas for its employees to smoke and IO employees are permitted access to those areas, IO employees may smoke in such areas.

Department of the Army, Headquarters 10th Mountain Division and Fort Drum, Fort Drum, New York and Local 400, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 94, January 2, 1998 (Release No. 405).

The AGENCY proposed the following:

1. Smoking is prohibited in any Government vehicle, building, or main entryway to a building (the designated area in P-10,000 being away from the front entrance), with the exception of any designated area in Army-Air Force Exchange Service facilities, The Commons, and the Bowling Center (but there is no requirement that there be any designated areas in any of these facilities, the AAFES facilities not under the control of the Employer).

2. The parties shall jointly identify existing outdoor areas where employees may smoke. The areas shall meet the following criteria: they shall provide overhead coverings; they shall be reasonably accessible to employees' work sites; and they shall meet safety, health, and security concerns. Any disagreements as to the areas identified should be resolved through grievance arbitration.

3. Reasonable smoke breaks will be allowed, not to exceed 15 minutes per 4-hour period. These may be broken down into two or three break periods subject to work requirements.

4. Employees who were employed by the Department of the Army at Fort Drum on September 27, 1995, may attend one smoking cessation class at no cost to them and on duty time.

The UNION counteroffered the following:

1. Smoking is prohibited in any Government vehicle, building, or entryway, with the exception of in Military Family Housing and the designated areas in the following places: Fort Drum clubs (Officer's Club, Mountaineer (sic) Club (NCO Club), Spinner Club, Pennants Club; the following AAFES snack bars: Bonnie's Snack Bar and Emma's Snack Bar; the Bowling Center; and soldiers's barracks.

2. The parties shall jointly identify existing outdoor areas where employees may smoke. The areas shall meet the following criteria: They shall provide overhead coverings; they shall be reasonably accessible to employees' work sites; and they shall meet safety, health, and security concerns. Any disagreement as to the areas identified should be resolved through grievance arbitration.

3. Reasonable smoke breaks will be allowed, not to exceed 15 minutes per 4-hour work period. This may be broken into two or three break periods subject to work requirements.

4. Current employees may attend one smoking cessation class at no cost to them and on duty time.

2. Section A.2. has not been resolved as to this time. At the conclusion of the process defined, the parties agree to replace this section with that agreement.

The PANEL ordered the adoption of the AGENCY's final offer.

Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire and Portsmouth Metal Trades Council, AFL-CIO, Case No. 98 FSIP 129, September 29, 1998 (Release No. 413).

The UNION proposed to equip smoking shelters with heat and lights, or alternatively, to equip the shelters with only lights.

The AGENCY proposed that outdoor smoking shelters should not be heated and lighting for them should be ambient, except where this would not provide adequate illumination.

The PANEL ordered the parties to adopt the AGENCY's proposal.