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Faculty, employees fight campus smoking ban
Wednesday, December 24, 2008

HARRISBURG -- Lock Haven University professor Robert Storch is fuming over a campus-wide ban on smoking, which took effect Sept. 11 and prohibits anyone from lighting up anywhere on school grounds, outdoors as well as indoors.

"I find it ridiculous," the 60-ish business law teacher told a state Labor Relations Board judge yesterday. "You feel like a leper. It's really very demeaning."

But it's not just his campus that's affected by the non-smoking policy, it's all 14 universities owned by the State System of Higher Education. System officials say the ban complies with the state's new Clean Indoor Air Act.

Besides Lock Haven, the schools include Indiana University of Pennsylvania, California University of Pennsylvania, Slippery Rock and 10 others around Pennsylvania. Indoor smoking had already been largely banned on the campuses, but it's the ban on outdoor smoking that has some teachers, other school employees and students riled up. The system has more than 112,000 students.

The Association of Pennsylvania State College & University Faculties, which represents 6,000 professors and coaches at the 14 state-owned universities, has filed an unfair labor practice complaint with the state Labor Relations Board over the new anti-smoking policy, claiming it's too broad and was unilaterally imposed.

A hearing on the complaint was held yesterday by state hearing officer Donald Wallace, who may rule in February. A final ruling could be a ways off, however, since his decision is subject to review by the Labor Relations Board and then state courts.

Mr. Storch said it takes about 20 minutes to walk from his campus office to the nearest public street off-campus, where he could smoke.

"And I walk slow now that I'm getting old," said the white-haired professor. The new policy keeps him from smoking between classes, as he used to do by just walking outside his classroom.

"It was terrific -- very convenient," said Mr. Storch.

State university system officials believe they are correctly interpreting the act by banning smoking in all outside areas on campus, said spokesman Kenn Marshall.

"The law prohibits smoking at an education facility," he said. "Each entire campus is an educational facility, indoor and outdoor. We have some classes outside."

He said the system is willing to discuss some modifications, such as allowing people to smoke inside their cars in campus parking lots as long as the windows are rolled up.

Michael Mottola, assistant vice chancellor for labor relations, said other compromises could be discussed, such as allowing people to smoke outdoors in university-owned parking lots or outside athletic stadiums during sporting events.

"Before Sept. 11, you could smoke almost anywhere outdoors," said Roxanne Rix, a theater professor at Kutztown University. "It took about 10 minutes to go outside, smoke and return to my office. Now the closest public road is about 20 minutes away."

Union spokesman Kevin Kodish said the system unilaterally and without warning imposed the new no-smoking rule in September. He said the change should have been bargained with the union because it's a major change to working conditions.

Nancy Vanarsdale, an English professor and APSCUF leader at East Stroudsburg University, said she doesn't smoke but said this change should have been negotiated with the union.

APSCUF is only one of several different unions that represents employees at the state system, but if it wins its case, the ban on outdoor smoking would likely be changed for all employees and students.

Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or 717-787-4254.
First published on December 24, 2008 at 12:00 am
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