Pennsylvania labor committee calls off the outside smoking ban
Published on June 1, 2009 8:36 AM
Pennsylvania smokers now have a rare reason to celebrate a significant victory in the struggle against anti-smoking activists.
The Pennsylvania Labor Relations Committee has decided that state and other non-private sector entities, like colleges, have no right to prohibit outside smoking on their territories without reaching preliminary agreement with their labor unions. The resolution is like a ray of hope for smokers who came out as defeated party in so many struggles against cigarette tax increases or numerous bans on indoor smoking in public places.
The regulation made public last Monday settled a complaint submitted by the staff members, including faculty lecturers and coaches against the Pennsylvania System of Higher Education. The latter regulation invalidated the outdoor smoking ban implemented last year on the 14 university campuses located across the State of Pennsylvania and reporting to the local System of Higher Education.
The Labor Relations Board that abolished the restriction after hearing the testimony of the examiner, declared that the higher education system officials performed an unjust labor procedure against the Association of College and University Faculties by misinterpreting the Pennsylvania Clean Indoor Air Act to implement it both outside and inside the campuses without obtaining prior consent of union leaders.
The Pennsylvania Association of College and University Faculties senior communications manager Ron Glogovski stated that every member of the union, which counts almost 6,000 members, was delighted with the decision of the Board.
The outdoor ban on smoking at universities’ campuses was implemented on the same day with the statewide indoor ban on smoking in public buildings imposed on September 11, 2008.
In explaining his misinterpretation of the ban, university system chairman Mark Steward stated the restriction made smoking illicit in all enclosed public buildings. He admitted that the legislation identified a public building as "an indoor place that is used as a workplace, nursing or eating establishment or a place where the public is allowed, what included education buildings."
Since the universities have a practice of holding outdoor classes, Steward admitted, he considered the whole campus property was subjected to smoking ban in accordance with the legislation.
The Pennsylvania System of Higher Education Chairman also claimed they intend to issue an appeal against Labor Relations Committee’s decision in the Pennsylvania Commonwealth Court, since they have been confident they had interpreted the legislation in the proper manner, by imposing the ban on outdoor smoking.
According to Ron Glogovski, with the decision of the Labor Panel, negotiations with other labor unions on launching specialized smoking zones on the territories of campuses would be reopened. At the same time, the smoking ban has been in the educational stage, and Glogovski admitted he has not heard about violations of the latter ban.
Glogovski as well said that state authorities have become a sort of health-freaks especially over smoking issue, since they only worry about the hazards of secondhand smoke without any thought that pollution from cars, factories or planes has been many times more hazardous than exposure to secondhand smoke.
