Smoke Gets In Your Eyes, But Not On Campus
MayorBob.
Posted to Legal on Fri Sep 26, 2008 at 09:02:37 AM EST (promoted by port1080). RSS.
If I tell you we're going to do something indoors, you sort of expect to do whatever it is inside some sort of building or house. If I tell you we're going to do something outside, you kind of expect to not have walls around you or a roof over your head. Unless you're a student or employee of the Pennsylvania state university system, that is. Because, when it comes to smoking, apparently there is no such thing as indoors or outdoors on any of their campuses.
Pennsylvania's Clean Indoor Air Act became effective earlier this month. The law bans smoking indoors (as the title implies) in most restaurants, bars, and buildings where the public gathers. No sooner had it gone into effect than the chancellor of the state's 14 state-owned universities decided to take it outdoors as well. Almost without warning, Chancellor John Cavanaugh ruled the law applies anywhere on any of the schools' campuses, indoors as well as outdoors. The law defined public places in which the ban applied as "an enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted." Cavanaugh and his administration decided that meant all campus grounds, such as courtyards, parking lots and athletic fields because some classes occasionally meet outside, and the schools also hold outdoor fundraising events and receptions. According to Cavanaugh "we decided we would go on the side of caution."
All of which means that there isn't any place on any of the 14 campuses for any of the 110,000 students or 12,000 employees to go catch a smoke during the day. And this has any number of those upset. Students organized smoke-ins at a number of campuses with one student saying "we're simply asking for some compromise, like one or two designated (smoking) areas on campus." Two labor unions representing 8,500 employees are likewise upset. Both believe the administration should have consulted with them before implementing the ban and one has filed an unfair labor practices complaint with the state Labor Relations Board. According to AFSCME official Darrin Spann smoking is a mandatory employee bargaining issue and the ban should have been negotiated:"We're not asking for anything unreasonable. I think it's ridiculous for the state system to interpret the law this way, because of its name. The name is there for a reason. It was put there for people to understand that this was an indoor ban only."
Penn State University, which is not part of the state system, allows smoking outdoors on its State College campus but bans it at some of its satellite campuses. As for the state system's position on the ban, Vice Chancellor Peter Garland says there's no wiggle room here:"Interpretation of the law is not open to bargaining. We view this as the best interpretation of the law. The fact of the matter is this affects all public and private entities. Odds are there is going to be some variation in enforcement of the act."
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