TribLIVE

| News


 
Larger text Larger text Smaller text Smaller text | Order Photo Reprints

Federal appeals court upholds Kittanning hospital smoking ban

Email Newsletters

Click here to sign up for one of our email newsletters.

Daily Photo Galleries

By Pittsburgh The Tribune-Review
Monday, March 14, 2011
 

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.

Subscribe today! Click here for our subscription offers.

 

 


Show commenting policy

Most-Read News