SMOKING

SMOKING

General Services Administration, Washington, DC and National Federation of Federal Employees, Council of GSA Locals, Federal District 1, IAM&AW, AFL-CIO, Case No. 01 FSIP 5, February 21, 2001 (Release No. 438).

The AGENCY proposed to prohibit smoking in all areas inside the building - "closing Room 5112 immediately, and Room G-35I by May 31, 2001 "- and outside the building, except "on the rooftop balconies located at the northeast and southwest corners of the building." It would make available to employees a smoking cessation program that "includes nicotine replacement therapy (NRT), using skin patches or nicotine chewing gum, and a one-time payment to employees for a [four] week supply of either skin patches or nicotine chewing gum."

The UNION proposed that:

1. The parties maintain the status quo relative to Room G-35I.
2. "'[S]moking continue on the rooftops, 18th & F and the 19th & E Street(s) corridor; and that smoking continue in the courtyard (East and West,' but 'away from entrances and exits.'"
3. The Agency install "tobacco disposal receptacles" at outside smoking areas.
4. If Rooms 5112 and G-35I are closed, "'management allow smoking to continue on the rooftop areas and that protection [be] provided on the rooftops to protect the smokers from the elements.'"
5. The Agency provide a smoking cessation program for 60 days, give employees administrative time off to participate in the program, and cover the cost of "any medication" needed to successfully complete the program.

The PANEL ordered the parties to adopt the following:

1. Smoking is permitted on the rooftop balconies located at the northeast corner of the building, accessible from the 7100 corridor on the seventh floor, and the southwest corner of the building, accessible from the 7300 corridor on the seventh floor.
2. Designated indoor smoking area Room 5112 will be closed immediately. To provide a further transition period, the Employer will continue to permit smoking in indoor smoking area Room G-35I until May 31, 2001, at which time indoor smoking in the entire building is prohibited.
3. Smoking is prohibited at all exterior building entrances.
4. Smoking is permitted in the East and West courtyards, but is prohibited within 10 feet of any interior doorway or entrance to the building. The Employer will ensure that a sufficient number of tobacco disposal receptacles are maintained in the courtyard, but not within 10 feet of any interior doorways or entrances.
5. A smoking cessation program shall be provided for a period of 60 days, at no cost for interested employees, who shall be excused from work on official time, workload permitting, to attend smoking cessation classes that are scheduled during their work time. This program will include nicotine replacement therapy (NRT), using skin patches or nicotine chewing gum. The Employer will provide a one-time payment for each employee who participates in the NRT, for an [eight]-week supply of either skin patches or nicotine chewing gum. In addition, the program will include informational literature about the benefits of quitting smoking, and counseling as needed.

SMOKING

Department of the Air Force, Air Force Materiel Command, Wright-Patterson Air Force Base, Ohio and Local F-88, International Association of Fire Fighters, AFL-CIO, Case No. 01 FSIP 69, May 24, 2001 (Release No. 440).

The UNION proposed that the parties maintain the status quo "by allowing [affected] employees to smoke indoors in designated areas until agreement on a new [Command Labor Agreement] is reached."

The AGENCY proposed that the parties accept wording that would prohibit smoking in all indoor work areas at Wright-Patterson AFB, including the four firehouses.

The PANEL ordered the following wording:

1. All indoor smoking shall be prohibited, and
2. The Employer shall designate outdoor smoking areas which are (a) reasonably accessible to employees and (b) provide a measure of protection from the elements.

SMOKING . . . INDOOR

Department of Justice, Federal Bureau of Prisons, Washington, D.C. and Council of Prison Locals 33, American Federation of Government Employees, AFL-CIO, Case No. 01 FSIP 184, November 8, 2001 (Release No. 444).

The UNION proposed the following:

The following areas will be designated as indoor smoking areas at all medical referral centers, including housing units, and at minimum security institutions, including satellite camps and intensive confinement centers, including housing units, and at all low, medium, high, and administrative institutions, including housing units.

1. All single and/or multiple person offices. Ventilation equipment of sufficient capacity will be installed (if not already in place) to insure that non-smoking staff are not exposed to second-hand smoke. This equipment when installed will also aid in the removal of airborne pathogens as well.
2. All control centers, towers, guard huts (upper and lower compound, rear gate, entrance and exit posts, recreation yard, etc.), perimeter patrol vehicles. If necessary and not already in place ventilation equipment of sufficient capacity will be installed (if not already in place) to insure that non-smoking staff are not exposed to second-hand smoke.
3. All housing units regardless if [sic] the unit is designated as a non-smoking unit for the inmate population.
4. All training centers will have an indoor designated smoking area for use by staff to be utilized when the outside temperature is at 32 degrees Fahrenheit or lower.
5. All staff lounges.
6. All Unicor factories and warehouses.
7. All institution powerhouses and facilities departments shop areas.
8. All institution commissaries and warehouses.
9. In those areas where staff may not necessarily have an office (such as, but not limited to, Food Service, Education, Recreation Building, Housing Units (to include Special Housing Units)[)] an indoor designated smoking area will be created.
10. Due to the unique configurations and physical layout of Bureau facilities this list is not all inclusive and additional areas may be negotiated by the Union and Management at the local level.

The AGENCY proposed that the parties adopt the wording in the Panel's Order to Show Cause, which would prohibit indoor smoking in all Federal Bureau of Prison facilities.

The PANEL ordered the parties to adopt the following wording:

Indoor smoking shall be permitted only in perimeter towers and perimeter patrol vehicles when occupied by one person.

SMOKING . . . OUTDOOR

Department of Justice, Federal Bureau of Prisons, Washington, D.C. and Council of Prison Locals 33, American Federation of Government Employees, AFL-CIO, Case No. 01 FSIP 184, November 8, 2001 (Release No. 444).

The UNION proposed the following:

All outside areas are smoking areas for staff except as outlined in a) below.

1. Smoking is not allowed in any area which has or may contain any combustible or flammable liquids, gases, vapors, or solid waste. Sufficient non-combustible ashtrays and other provisions for the safe and sanitary disposal of hot ashes and other discarded tobacco products will be provided. Outside shelters will be provided for staff smoking outside during inclement weather. At a minimum these shelters will be equipped with heating and air conditioning and be able to provide suitable space for up to six persons. They will contain windows on three sides, a roof, and a door and they will be placed in at least the following areas: recreation yard, upper and lower compound, and training center. Due to the unique configuration and physical layout of Bureau facilities this list is not all inclusive and additional areas may be designated by the Union and Management at the local level.

The AGENCY proposed the following:

Prior to designating an outdoor smoking area, the Warden will review the institution's physical layout and function, with particular attention to:

1. Hazardous environmental factors. Smoking is not allowed in any area which has or may contain any combustible or flammable liquids, gases, vapors, or solid waste.
2. Ventilation and human density during the area's use. The smoking area's size and configuration must accommodate sufficiently the number of individuals using it; smoking is not allowed near building entrances, exits or windows consistent with subsection a. of this section.
3. Housekeeping, sanitation, and protection of property. In outdoor areas where smoking is permitted, the institution will provide sufficient non-combustible ashtrays and other provisions for the safe and sanitary disposal of hot ashes and other discarded smoking products.
4. Types of physical barriers and security. Designated smoking areas will be constructed to facilitate quick, voluntary evacuation and allow staff to provide proper security.
5. Activities undertaken in the area. Smoking is not permitted in areas used for physical exercise when the possibility of exposure to second-hand smoke exists.
6. If outside shelters are provided, the location, size, and composition of these shelters should be negotiated with the local union.

The PANEL ordered the parties to adopt the following:

The Employer shall designate outside smoking areas which (a) are reasonably accessible to employees and (b) provide a measure of protection from the elements. The designated outdoor smoking areas shall only be used by employees.

SMOKING . . . NICOTINE REPLACEMENT THERAPY

Department of Justice, Federal Bureau of Prisons, Washington, D.C. and Council of Prison Locals 33, American Federation of Government Employees, AFL-CIO, Case No. 01 FSIP 184, November 8, 2001 (Release No. 444).

The UNION proposed that the Agency establish a smoking cessation program that would, among other things, be open to any employee wishing to participate, and provide employees who participate in nicotine replacement therapy (NRT) a six to ten week supply of NRT patches or inhalers.

The AGENCY proposed to "'provide a smoking cessation program for all interested staff. However, the [A]gency [would] not reimburse staff for [NRT].'"

The PANEL ordered the parties to adopt the following:

For a period of 60 days, interested employees shall have the opportunity to sign up for a smoking cessation program, provided by the Employer at no cost to the employees, who shall be on administrative leave, workload permitting, to attend smoking cessation classes that are scheduled during their work time. This program will include nicotine replacement therapy (NRT), using skin patches or nicotine chewing gum. To the extent not covered by health insurance, the Employer will provide a one-time payment to each employee who participates in the NRT, for an [eight]-week supply of either skin patches or nicotine chewing gum. In addition, the program will include informational literature about the benefits of quitting smoking and counseling, as needed.