Jump to full article: Associated Press (AP), 2010-07-22
Author: MARK SCOLFORO
Intro: A western Pennsylvania police union has won a ruling from the state Supreme Court that borough officials may not unilaterally ban officers on duty from using smokeless tobacco in nonpublic work spaces or smoking in some official vehicles.
The decision made public Thursday said Ellwood City's 2006 ban on tobacco use on borough property will have limited application to members of the police union, unless they agree to it through contract negotiations.
"While local legislation which promotes clean air and warns of the risks of tobacco use may be laudatory, it may not serve as a barrier to negotiations over this topic when it constitutes a working condition subject to mandatory bargaining," wrote Justice Debra McCloskey Todd for the unanimous court.
The court overturned a 2008 Commonwealth Court ruling that had upheld the complete prohibition, but officers still are prevented from smoking in public places or inside borough buildings and vehicles used for mass transit because of the Pennsylvania Clean Indoor Air Act of 2008.
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