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Summary of Legal Decisions: Arbitrator Upholds Smoke Free Facility

Summer 1995

Arbitrator Neil M. Gundermann in Scott Food Service and United Paper Workers International Union AFL-CIO, CLC, Local 169, FMCS No. 93-21864, held that the employer did not violate the labor agreement when it made its facility smoke free without bargaining with the Union where:

1. the collective bargaining agreement gave the Company the right to promulgate work rules;
2.the agreement contained a specific provision cancelling all prior practices; and
3. it was demonstrated that the Company had previously made changes in its smoking policy that went unchallenged by the Union.

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