Agenda - Council - 02/23/1993 - Laserfiche WebLink

Home

Gen"l & Spec, Hemo 23'/-5600 (FAX: 231-01]$$) * July 3, 1990 MUST CITY NEGOTIATE WITH LABOR UNION TO ESTABLISH A SMOKE-FREE WORKPLACE F---. Larry Gustafson City Administrator 508 Cloquet Ave. Cloqx/e=, 2~N 55720 Y~. Gusts=son: This letter responds to your inquiry mf JUly 2nd, smoke-free workplaces. concerning You in~icate~ that the city of cloquet has three government offices or shops. You stated that the city would like to ~esignate one of these facilities as smoke-free in it's entirety. You first inquired as to whether the city could demignate one facility~ as smoke-free while not similarly ~esi~nating the other two~ facilities. There is nothing in the Minnesota Clean Indoor Air Aot~ g , .' p o i one of ~he act will/ continue to apply to the other two facllitlea. / You hex~. inquired as to whet.her this smoke-free policy is a subject which must be negotiate~ with =/3e la, or union. You inaicate~ that ~here are two union employees in the affecte~ facility, neither of ' whom smoke. Under the Public ~mp!oymen= Labor Relations Act, the city is to bargain with the union on issues of "personnel policies affec~in~ the working conditions of the employees". (Minn. Stat. 17~A.03, 19SS). The city is not, however, re.~/ired to bargain on matters of "inherent managerial policy". (Minn. $=a:. 17~A. 07, Distinguishing ~hese two areas is often a difficult =ask. The overlap. St~ Paul Firefighters Local 21 v. City of St. Paul, 336 #A ~ecision in respect of a matter of inherent n~nagerial policy...may well impinge upon negotiable terms an~ conditions ef employment. 'The impa=t upon the terms and conditions of employment of an ir~herent managerial policy ~ecision ~oes not, however, render the policy ~eci~ion a subject of mandatory negotiation if the ~eoision an~ its i=plementation /77