Federal appeals court upholds Kittanning hospital smoking ban
A federal appeals court today agreed that an arbitrator exceed his authority in ruling that ACMH Hospital's smoke-free policy at its Kittanning campus violated the hospital's contract with United Steelworkers Local 158-06.
The union represents clerks, nurses' aides and other nonprofessional workers at what was formerly known as Armstrong County Memorial Hospital. It filed a grievance after a smoking ban was implemented on Jan. 1, 2009. An arbitrator ruled the ban was unreasonable because employees were used to having a designated smoking area.
U.S. District Judge Terrence McVerry overturned the arbitrator's decision in May. He ruled that the arbitrator's analysis exceeded the terms of the contract.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals agreed, ruling that the arbitrator effectively tried to create a new right for employees by saying that their “expectations” of having designated smoking areas created a “protected local working condition,” a phrase that doesn't appear anywhere in the contract.
Show commenting policy
TribLive commenting policy
- Starkey: Cervelli’s inspiration
- Supreme Court justices ream EPA for ignoring costs to meet air standards
- More witness intimidation charges are filed against Plum teacher
- Pirates hope 1st baseman Alvarez starts to regain power stroke
- Penguins bringing back defenseman Cole with 3-year extension
- Downie, Ehrhoff lead list of likely Penguins leaving in free agency
- Brooklyn man’s cross-state taxi ride leads straight to jail in Uniontown
- Snappers treat revitalizes Lawrenceville’s Edward Marc Brands chocolatier
- Pittsburgh Public Works supervisor disciplined for text message
- 80 percent of drivers found exceeding speed limit in Mt. Lebanon, Bethel Park
- Murrysville native Bullock vying for health magazine’s ‘Next Fitness Star’