Home Industry News Union Against Union in Atlantic City Smoking Ban Lawsuit

Union Against Union in Atlantic City Smoking Ban Lawsuit

Last Updated: May 13, 2024
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3 min

A lawsuit filed by the United Auto Workers aims to overturn a law that allows casinos an indoor smoking exemption under the Clean Workplace Air Act. However, another major union that represents casino workers, Local 54 of the Unite Here union, is seeking to have it dismissed.

Let’s take a further look into the conflict and its potential impact on top-rated sportsbooks

Battlelines Drawn

The first salvo in the legal dispute between the United Auto Workers (UAW) and Local 54 of the Unite Here union was fired in early April when the former, along with a group of casino workers fighting to ban smoking in Atlantic City’s nine gambling palaces, filed a lawsuit in state Superior Court to overturn the exemption for Boardwalk casinos to allow smoking in a designated section of their gaming floors.

UAW represents casino workers at Bally’s, Caesars and the Tropicana but some anti-smoking supporters work at other Atlantic City gaming venues. Lamont White is a dealer at the Borgata casino and is at the vanguard of the employee anti-smoking movement crusade.

“Today, we get off our knees and stand up! We offered them the carrot, and now they get the stick!” said White after the suit was filed.

The state legislature has been reluctant to overturn the ban, facing pressure from casino operators and lobbying groups that have repeatedly claimed a total smoking ban would drive business away and into the arms of neighboring states’ casinos where smoking is permitted.

Ray Jensen Jr., Assistant Director of the local UAW office, said the union will do what the politicians have not. “If the legislators in Trenton won’t do their jobs, we’re going to take the decision out of their hands and into a courtroom.”

The Response

Local 54 of the Unite Here union, which represents more than 10,000 of Atlantic City’s casino workers, has a polar opposite view from the UAW, citing a study from 20 years ago that concluded a smoking ban would result in decreased revenues and job losses at the city’s casinos. To that end, Local 54 and the state’s Attorney General, Matt Platkin, have filed a motion to dismiss UAW’s lawsuit to ban smoking at all of the Boardwalk’s nine casinos.

Donna DeCaprio, president of Unite Here Local 54, notes a decline in the in-person casino business and believes anything that would deter a segment of their audience would wreak havoc on the industry.

“The size of the declines at some of the individual properties portends some serious instability for thousands of workers,” said DeCaprio. “It is incredibly troubling to see that six of the nine gaming properties have posted declines of casino-win compared to February 2023 and year-to-date compared to 2023,” she added.

Mark Giannantonio, president of the Casino Association of New Jersey, agreed wholeheartedly with DeCaprio’s assertions, saying, “This is not the time to enact laws, such as a full smoking ban, that will further erode customer visitation and revenues to our properties. It is time for the City of Atlantic City and the State of New Jersey, in its oversight capacity over the City, to address the issues that are preventing economic growth and develop solutions that will increase visitation to Atlantic City.”

In light of the economic downturns suffered by Atlantic City’s decline in foot traffic, it would appear a compromise is unlikely despite DeCaprio’s suggestion of striking a balance between the parties.

“We support the health and safety of our members and believe that improvements to the current work environment must be made. A balance needs to be reached that will both protect worker health and preserve good jobs,” DeCaprio said.

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