Atlantic City Smoking Ruling Prompts UAW Exit from New Jersey AFL/CIO

The United Auto Workers (UAW) will pull out of the New Jersey AFL/CIO, following a court decision that dismissed their lawsuit to ban indoor smoking in Atlantic City casinos. On Wednesday, UAW Region 9 Director Dan Vicente announced the move during a press conference organized by Casino Employees Against Smoking Effects (CEASE) and Americans for Nonsmokers’ Rights (ANR).

The UAW has been fighting to ban indoor smoking, arguing that it poses a significant health risk to casino employees.

Informing that the issue will be taken to the New Jersey Supreme Court, Vincente further criticized the AFL-CIO for ing the continuation of indoor smoking in casinos in NJ, which allows smoking on 25% of the gaming floor. As he pointed out, this problem represents moral, health, and safety issues.

The lawsuit, filed by the UAW, sought to eliminate the exemption for casinos under the 2006 Smoke-Free Air Act, which bans indoor smoking in most public spaces. The lawsuit argued that employees have a constitutional right to a smoke-free workplace. However, New Jersey Superior Court Judge Patrick Bartels dismissed the case, ruling that the plaintiff’s argument for a “right to safety” was not well-settled under state law.

Legislative Push for Smoking Ban

Though the court dismissed the UAW’s lawsuit, the group remains determined to push for a smoking ban. The UAW, alongside CEASE and ANR, continues to advocate for legislation that would eliminate the smoking exemption for casinos.

State Senator Joe Vitale, the Senate Health Committee chairman, voiced his for the cause, saying he would push the smoking ban bill to the Senate floor.

“This has been an effort over the years to try to right this wrong and we’re getting closer and closer. We’re clearly very disappointed in the judge’s ruling. I don’t know why it is that casino workers can’t have an expectation of safety…. I think it’s certainly wrong and anyone who is fair-minded, I think, agrees.”

Vitale’s smoking ban bill was approved by the Senate Health Committee in January but has yet to reach the full Senate for a vote. Governor Phil Murphy has previously expressed his willingness to sign any legislation banning smoking in casinos.

Opposition from Other Unions

The UAW’s withdrawal from the New Jersey AFL-CIO stems from growing tension with other unions, particularly Local 54 of UNITE HERE, which represents non-dealing casino employees. Local 54 s a compromise that would maintain the 25% indoor smoking allowance but allow employees to voluntarily work in smoking areas. The union filed a brief opposing the UAW’s lawsuit.

Donna DeCaprio, president of Local 54, praised the court’s decision, stating that they will continue to focus on solutions that both improve worker safety and protect their jobs.

Meanwhile, CEASE is preparing a media campaign to raise awareness of the dangers of secondhand smoke in casinos. The group plans to run digital ads in key New Jersey districts, with a campaign titled “Kids of CEASE”. The ads feature the children of casino workers voicing concerns over the health risks their parents face at work.

Looking Ahead

While the UAW continues its fight through legislative and judicial channels, Vicente acknowledged that this year’s election may shape the outcome. Despite the setbacks, Vicente reiterated the UAW’s commitment to protecting its ’ health, even if legislative action is slow-moving.

As casino employees continue to call for equal protection under the law, the future of indoor smoking in Atlantic City remains uncertain.

Source:

“UAW to pull out of AFL-CIO over New Jersey casino smoking loophole” by P. Kenneth Burns, whyy.org, September 4, 2024.

“New Jersey’s dealers’ union pulling out of Atlantic City after smoking decision” by Frenk Legato, igamingbusiness.com, September 4, 2024.