Department of the Air Force Onizuka Satellite Control Facility Sunnyvale, California and Local 2090, National Federation Federal Employees
United States of America
BEFORE THE FEDERAL SERVICE IMPASSES PANEL
|In the Matter of
Department of the Air Force
Onizuka Satellite Control Facility
Local 2090, National Federation
Case Nos. 92 FSIP 122 and 92 FSIP 139
DECISION AND ORDER
Local 2090, National Federation of Federal Employees (Union) in Case No. 92 FSIP 122 and the Department of the Air Force, Onizuka Satellite Control Facility, Sunnyvale, California (Employer) in Case No. 92 FSIP 139 filed requests with the Federal Service Impasses Panel (Panel) to consider a negotiation impasse under 5 U.S.C. S 7119 of the Federal Service Labor-Management Relations Statute (Statute).
The Panel determined to consolidate the cases and that the dispute concerning smoking policy should be resolved on the basis of the parties' responses to an Order to Show Cause why the Panel should not mandate the following provision:
(1) Smoking shall be prohibited inside the control room of the power plant and the consolidated open mess; and
(2) The Employer shall designate outdoor smoking areas reasonably accessible to employees which provide a measure of Protection from the elements.
Submissions were made pursuant to these procedures. The Panel has now considered the entire record.
The Employer is the headquarters for the 2nd Satellite Tracking Group, which operates, maintains, and manages a worldwide satellite tracking station network supporting the Department of Defense, the North Atlantic Treaty Organization, and allied nations, as well as the National Aeronautics and Space Administration's space shuttle program. The Union represents approximately 166 General Schedule (GS) and Wage Grade (WG) employees. The parties are covered by a collective-bargaining agreement which expires in July 1993.
This dispute arose during bargaining over the Employer's decision to ban smoking in the two remaining designated smoking areas on the base: the control room of the power plant and the consolidated open mess. The Union opposes the change, maintaining that there is adequate ventilation in both.
ISSUE AT IMPASSE
The parties disagree over whether smoking should continue to be permitted in the control room of the power plant and the consolidated open mess.
POSITIONS OF THE PARTIES
1. The Employer's Position
The Employer concurs with the wording set forth in the Panel' s Order to Show Cause.
2. The Union's Position
Essentially, the Union proposes that the Employer continue to permit smoking in the disputed areas: In regard to the power plant, the Union contends that adoption of the Panel's wording would discriminate against smokers stationed there because they are unable to go outside to smoke for security reasons. Furthermore, since power plant employees already have stressful jobs which require them to monitor the electricity, air conditioning, heat, and steam that is supplied to the entire Air Force Base, the elimination of smoking there would add even more stress. Furthermore, a new air conditioning ventilation system which cost approximately $130,000 has been installed in the control room which exceeds Air Force regulations for adequate ventilation. As to the consolidated open mess, it is the only indoor facility available to all employees where smoking is permitted indoors. Minor adjustments to its ventilation system could ensure proper negative pressure, which is essential to exhaust smoke. Finally, a Union survey shows that 30 percent of the bargain