BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
LOCAL 1075, AFSCME, AFL-CIO
CITY OF WISCONSIN RAPIDS
(Smoking Policy Grievance)
Mr. Jeffrey J. Wickland, Staff Representative, Wisconsin
Council 40, AFSCME, AFL-CIO, on behalf of the Union.
Mr. James Jansky, Personnel Director, on behalf of the City.
The above-captioned parties, herein "Union" and "City", are signatories to a
bargaining agreement providing for final and binding arbitration. Pursuant thereto, hearing
in Wisconsin Rapids, Wisconsin, on May 25, 1999. There, both parties agreed that I should
"bench" decision which this Award augments.
Based upon the entire record and the arguments of the parties, I issue the following
1. The City properly promulgated its original Policy Statement entitled "Smoking
Buildings", on January 9, 1990.
2. The City properly promulgated its revised non-smoking policy as it related to
buildings at its February 9, 1993, and April 13, 1993, Common Council meetings.
3. The City properly promulgated its no-smoking policy relating to City
at its July 8, 1997, Common Council meeting.
4. The City can ban smoking in any City vehicles which are self-enclosed
however, that employes who expect to drive and/or to be in their enclosed vehicles an hour
can smoke in their vehicles during that time if:
a. they are alone and/or
b. if all fellow employe[s] in
those vehicles are smokers.
5. If a fellow employe is not a smoker, there shall be no
smoking under any
circumstances in any enclosed City vehicles even if non-smokers have no objection to
6. Any employes violating these prohibitions shall be subject to the progressive
disciplinary steps set forth in Rule 8 of the contract.
7. All employes who smoke in enclosed City vehicles shall purchase with their
money air fresheners which are to be kept permanently in those vehicles.
8. Employes can smoke in any City vehicles that are not enclosed and employes
drive any enclosed vehicles can smoke before and/or after they drive.
Dated at Madison, Wisconsin this 28th day of May, 1999.
Amedeo Greco, Arbitrator