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Labor-Management Relations: Index of Decisions



Department of the Army, Army corps of Engineers, Memphis District, Memphis, Tennessee and Local 259, National Federation of Federal employees, Case No. 98 FSIP 159, January 22, 1999 (Release No. 416).

The UNION proposed that the agency maintain the status quo of allowing employees to smoke: (1) in the two existing smoking rooms; (2) in the main area of the Shops; and (3) on boat decks.

The AGENCY proposed a prohibition of indoor smoking.

The PANEL ordered the parties to adopt the wording of the Order to Show Cause, i.e., "All indoor smoking shall be prohibited;" and "The Employer shall designate outdoor smoking areas which (a) are reasonably accessible to employees and (b) provide a measure of protection for the elements," to resolve their dispute in all areas but the Administration Building and on Employer-owned, -operated, and -maintained vessels. Smoking could continue in the smoking room of the Administration Building and above deck on marine vessels.


Social Security Administration, Quincy Field Office, Quincy, Massachusetts and Local 1164, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 169, March 15, 1999 (Release No. 418).

The AGENCY proposed that "employees who smoke must do so only during the two scheduled daily breaks and their lunch period."

The UNION proposed the following:

Work intervals for the relief of personal necessity shall, for such matters as restroom use, drinking water and other such brief intervals, remain in effect in accordance with office past practices. Employees will continue to make reasonable efforts to take such brief intervals during non-public hours, to the extent it is feasible.

The PANEL ordered the parties to adopt the following modified version of the UNION's proposal:

Employees who smoke are permitted to take smoking breaks of no more than [five] minutes during non-public hours. Management retains the right to curtail these breaks for any employee who is abusing them or where smoking breaks unduly interfere with an employee's work production or service to the public.


Federal Deposit Insurance Corporation, Washington, D.C. and National Treasury Employees Union, Case No. 99 FSIP 25, March 18, 1999 (Release No. 418).

The UNION proposed the following:

(1) Virginia Square: (a) Hotel Rooms: maintain status quo (smoking permitted in rooms on the 10th floor - use windows, in-room air filters, and smokeless [ash trays] to mitigate second-hand smoke); (b) Hotel [Roof Terrace]: maintain status quo (current practice permits smoking); (c) [Cafeteria Courtyard]: no smoking within 10 feet of doorway or air intakes; otherwise, maintain status quo (smoking permitted); (d) Front [Entrance of Office Building]: no smoking within 25 feet of doorway or air intakes; otherwise, maintain status quo (smoking permitted; (2) 550 17th Street: 7th Floor Balcony: maintain status quo (2 tables [1st floor outdoor smoking area agreed]); (3) 1776 F Street: no smoking within 25 feet of front doors, or along sidewalk between front door and child care parking spaces.

The AGENCY proposed to ban all indoor smoking and limit designated outdoor smoking areas to:

(1) Virginia Square: Three designated smoking areas located: (a) in front of the hotel; (b) in the outside courtyard; and (c) under the overhang at the back entrance. (2) 550 17th Street: One designated outdoor smoking area on the ground floor. (3) 1776 F Street: No smoking in the front of the building and a designated smoking shelter in the back.

The PANEL ordered the parties to "adopt the UNION's proposal with respect to the Seidman Center Hotel and office building, and the office building at 550 17th Street. The parties shall adopt the [AGENCY's] proposal with respect to the office building at 1776 F Street."


Department of the Air Force, Dover Air Force Base, Dover AFB, Delaware and Local 1709, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 88, September 21, 1999 (Release No. 424).

The AGENCY proposed "that it be permitted to implement Air Force Instruction (AFI) 40-102 prohibiting tobacco use in the workplace, Air Force vehicles, and on Air Force and contract aircraft."

The UNION proposed "that 'all conditions remain status quo regarding the use of smokeless tobacco.'"

The PANEL ordered the AGENCY to withdraw its proposal.


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