A service union representing workers in the State System of Higher Education is maintaining that the system was wrong to start an outdoor smoking ban at the 14 state-owned universities without bargaining for it with the union.

The system on Thursday began a new policy banning smoking indoors and out as a result of its interpretation of a new state law called the Pennsylvania Clean Indoor Air Act.

Council 13 of the American Federation of State, County and Municipal Employees has made a demand to the system that it bargain on the issue.

AFSCME represents about 2,500 clerical, custodial, maintenance, skilled labor and other workers on the schools' campuses.

Kenn Marshall, a spokesman for the State System, said yesterday that the smoking ban "is not something that is subject to bargaining." He added that system officials consider it a matter of state law and state law supersedes contract language.

The policy has brought protests by students, including about 100 at California University of Pennsylvania yesterday and another by about 50 at Clarion University of Pennsylvania Monday.

Darrin Spann, assistant to the executive director at AFSCME Council 13, said that before the law was passed the unions had an agreement with the system as to where people could smoke indoors and outdoors.

Mr. Spann said the new law negates the indoor policies, but he believes the outdoor ones still are subject to negotiations under state labor law.

Penn State University and the University of Pittsburgh, which are state-related schools, said the new law won't change their polices, which already prohibit smoking indoors but allow it outdoors away from building entrances and air-intake systems.

At California University, Angela Burrows, interim vice president of university advancement, said about 100 students demonstrated for about 40 minutes yesterday on the main campus quad near Herron Hall.

The students were peaceful, she said, and university officials made no attempt to interrupt the gathering.

"Certainly the students have a right to express their First Amendment rights," Ms. Burrows said.

She said questions remain to be addressed about the new policy, and she expects school presidents and the chancellor will be having additional discussions.

"We believe enforcement is going to be difficult," she said. "We're going to rely on the health department to do the enforcement, which means if somebody sees a violation they can contact the health department. It's not something our university police will be handling at this point."