The fallout from a court ruling allowing indoor smoking in Atlantic City casinos took a new turn on Wednesday, with the United Auto Workers (UAW) announcing plans to withdraw from New Jersey’s AFL-CIO. This decision comes after other unions, including Local 54 of UNITE HERE, supported the continuation of indoor smoking, much to the dismay of the UAW.

During a joint press conference held by Casino Employees Against Smoking Effects (CEASE), UAW Region 9 Director Dan Vicente expressed frustration over the court’s ruling, which dismissed a lawsuit aimed at halting indoor smoking in casinos. The group, which represents table game dealers and casino workers opposed to indoor smoking, had argued for an injunction based on public health concerns.

Union Conflict Over Smoking Legislation

The UAW’s decision to withdraw stems from their dissatisfaction with other unions that support the smoking exemption. Local 54 of UNITE HERE, representing casino employees in non-dealing roles, supports a compromise backed by the Casino Association of New Jersey, which allows smoking on 25% of the gaming floor but makes working in smoking areas voluntary.

Local 54 filed a brief opposing the lawsuit seeking to end the smoking exemption, leading to growing tension within the union community. New Jersey Governor Phil Murphy previously stated he would sign any bill that bans indoor smoking at casinos, but the legislature has yet to take up the issue.

Commenting that he will be pulling the UAW out of the AFL-CIO of New Jersey over this issue which he described as “moral, health, and safety issue”, Vicente announced as follows:

“I cannot express how furious our institution is at the Jersey state-level AFL and the other unions that filed an injunction status against us.”

The New Jersey Superior Court ruling on Friday, which supported the current exception in the 2006 Smoke-Free Air Act, allows casinos to maintain smoking on 25% of their gaming floors. The UAW had filed the lawsuit, arguing that workers had a constitutional right to breathe smoke-free air, but the judge ruled against this claim, stating that the “right to safety” was not well-established.

Moving Forward Amid Tensions

While Vicente remains determined to pursue the case at the state’s highest court, he acknowledged that legislative options are also being explored.

“We plan to escalate the situation in New Jersey. But understanding that this is an election year, we have a lot of national coverage right now in the union. … We plan to try to put as much pressure on the legislature as we can.”

The UAW’s decision to withdraw from the state AFL-CIO chapter marks a significant escalation in the fight against indoor smoking at Atlantic City casinos, with no resolution yet in sight.

Smoking Ban Efforts Continue

Despite the court ruling, efforts to pass a smoking ban continue. State Senator Joe Vitale, who chairs the Senate Health Committee, said he will push the 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.”

CEASE plans to intensify its campaign to raise awareness of the health risks casino workers face. Cynthia Hallett, president of Americans for Nonsmokers’ Rights (ANS), said that CEASE will launch a digital media blitz, including a campaign called “Kids of CEASE,” which will air in key New Jersey districts.

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.

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