DEPARTMENT OF THE AIR FORCE SCOTT AIR FORCE BASE SCOTT AIR FORCE BASE, ILLINOIS and LOCAL R7-23, NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES SEIU, AFL-CIO
In the Matter of
DEPARTMENT OF THE AIR FORCE
SCOTT AIR FORCE BASE
SCOTT AIR FORCE BASE, ILLINOIS
LOCAL R7-23, NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES SEIU, AFL-CIO
Case No. 91 FSIP 17
Local R7-23, National Association of Government Employees, SEIU, AFL-CIO (Union), filed a request for assistance with the Federal Service Impasses Panel (Panel) to consider a negotiation impasse under section 7119 of the Federal Service Labor-Management Relations Statute between it and the Department of the Air Force, Scott Air Force Base, Scott Air Force Base, Illinois (Employer).
After investigation of the request for assistance, the Panel
determined that the impasse should be resolved on the basis of an Order to Show Cause as to why the Panel should not adopt the Employer's proposal to ban smoking in the cafeteria of Building 1600. After considering the parties' responses to its Order to Show Cause, the Panel would take whatever action it deemed appropriate to resolve the impasse. The Union did not submit a response pursuant to these procedures. The Panel has now considered the entire record in this matter.
The Employer is part of the Military Airlift Command whose mission is to MEDIVAC hospital patients to medical facilities throughout the continental United States. The Union represents a bargaining unit consisting of approximately 2,500 employees who occupy such positions as management analyst, finance clerk, supply clerk, computer analyst, and clerk/secretary. The parties' master-labor agreement is in effect until April 1993.
The dispute arose during bargaining stemming from an Employer-initiated change in the smoking policy for the cafeteria in Building 1600. As a result of an interest arbitration award issued on May 24, 1988,1/ employees are permitted to smoke in a designated area in the cafeteria. Also in the same building, is a smokers' lounge available to employees. Potentially, the entire bargaining unit is affected by this dispute since all employees may use this cafeteria.2/
ISSUE AT IMPASSE
Whether the Panel should order the parties to adopt the Employer's proposal to ban smoking in the cafeteria in Building 1600.
POSITIONS OF THE PARTIES
1. The Employer's Position
The Employer maintains that the elimination of the designated-smoking area in the cafeteria furthers the Air Force's goal of providing a smoke-free work environment for employees. In this regard, it would reduce the risks of In Department of the Air Force. Scott Air Force Base. Scott Air Force Base, Illinois and Local R7-23. National Association of Government Employees SEIU AFL-CIO, Case Nos. 87 FSIP 167 and 88 FSIP 44, concerning smoking in several buildings on the base, the Panel directed the parties to submit the issues to a private arbitrator for resolution. Subsequently, the arbitrator determined, among other matters, that smoking should be permitted in the east end of the cafeteria in Building 1600.
/ As part of its Order to Show Cause, the Panel requested that the
parties attempt to determine the number of employees who smoke. The
parties, however, did not submit any information concerning that
exposure to second-hand tobacco smoke which the U.S. Surgeon General and the Environment