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Smoking Ban on the premises Michigan

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  • Smoking Ban on the premises Michigan

    Management is looking to ban smoking in work buildings. Do they have to negotiate with the Union (UAW) before doing so. Do they have to provide us with an area to smoke? I have read different things that says this is a mandatory subject of bargaining.

  • #2
    It's not mandatory unless the union contract says it is a negotiated issue. Have you spoken to the local union president?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      No I haven't spoken to our president. My union rep doesn't smoke and doesn't seem to think we are giving up anything but I feel if they are going to take away our right to smoke in the building then we should get something in return. Like a covered smoking area outside. What are we supposed to do when it's raining or snowing?

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      • #4
        Originally posted by BBLINC View Post
        No I haven't spoken to our president. My union rep doesn't smoke and doesn't seem to think we are giving up anything but I feel if they are going to take away our right to smoke in the building then we should get something in return. Like a covered smoking area outside. What are we supposed to do when it's raining or snowing?
        Um, bring your umbrella? I'm not unsympathetic, because I'm a smoker (I've gone out in the snow, then immediately decided, um, never mind ), but there is no law that is going to require the employer to provide a sheltered smoking area or ANY smoking area at all.

        As a matter of fact, it might even be a state or local ordinance that the company needs to comply with. There's a lot of that going around.
        Pattymd
        Senior Member
        Last edited by Pattymd; 04-08-2008, 08:33 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I understand the ability to bring an umbrella and I know that and honestly am not concerned. I all honesty this sounds like a good opportunity to quit smoking. What I don't understand though is giving management something they want for nothing. To me they are changing work rules without negotiating with the union and to my understanding there is no law recently past in Detroit regarding smoking inside facilities. We have taken wage freezes and benefits cuts in our new contract this year. To me this a missed opportunity to get something back. Can we forced them to negotiate this issue?

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          • #6
            Obviously I do not know if this is the case or not. But at least in my state, there are both state and municipal laws prohibiting smoking in most work areas, with VERY limited exceptions and even a couple of the exceptions are currently under legal fire. It may not be something that your management has any control over.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Originally posted by BBLINC View Post
              I understand the ability to bring an umbrella and I know that and honestly am not concerned. I all honesty this sounds like a good opportunity to quit smoking. What I don't understand though is giving management something they want for nothing. To me they are changing work rules without negotiating with the union and to my understanding there is no law recently past in Detroit regarding smoking inside facilities. We have taken wage freezes and benefits cuts in our new contract this year. To me this a missed opportunity to get something back. Can we forced them to negotiate this issue?
              Detroit did pass a ordinance in 2005, The ordinance prohibits smoking in all public and private work sites, except restaurants, bars and casinos, which are exempt by state law. Under the law, smokers must stand at least 15 feet from a building's entrance in contrast to the County’s 6 feet requirement. It also states a minimum of 70% of rooms in city hotels and motels are to be designated as smoke-free consistent with the County adopted ordinance. Violators can receive fines ranging from $100 to $500. Seven states have banned smoking in all businesses, including restaurants and bars.
              Somedays you're the windshield and somedays you're the bug.

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              • #8
                If you could smoke in the bldg before, and the company initiated a smoking ban unilaterally, i would file a grievance (on behalf of the entire bargaining unit, not an individual) claiming failure to bargain in good faith. IMO the new rule effects "terms and conditions of employment", a mandatory subject of bargaining. UNLESS there is a new law in your city/state which forbids smoking in the workplace....if that is the case you're hosed....IMO.

                If your union rep doesn't want to fight a "unilateral decision" then you need to elect one who does......IMO

                ....and then i read mlane's posting.....nevermind....
                noiddodge
                Member
                Last edited by noiddodge; 04-09-2008, 03:47 PM.

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                • #9
                  If it is a state law or a local ordinance, you stand NO CHANCE of winning...especially if your employer has recently been cited

                  If it's not, however, I can see how it could be argued that it's a term and condition of employment; however, mandatory subjects are typically reserved for the biggies e.g. hourly wages and health benefits.

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                  • #10
                    It is an ordinance in Detroit and I can't see how there is anything to grieve or arbirtrate at this point as the union can't force the employer to break the law.
                    Somedays you're the windshield and somedays you're the bug.

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                    • #11
                      Originally posted by mlane58 View Post
                      It is an ordinance in Detroit and I can't see how there is anything to grieve or arbirtrate at this point as the union can't force the employer to break the law.
                      That being the case i agree there is nothing to grieve / arbitrate (i was unaware of any ordinance)..... a contract can not violate the law, regardless of which side doing so would favor.....but i believe i said that in a previous post (in fewer words....)

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