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Rival union official says Atlantic City casino union boss should resign for opposing a smoking ban

Donna DeCaprio, president of Local 54 of the Unite Here casino workers union, sits at her desk in Atlantic City, N.J. on July 17, 2023. (AP Photo/Wayne Parry)

ATLANTIC CITY, N.J. (AP) — Workers pushing for an end to smoking in Atlantic City casinos say the main employee union has been won over by tobacco companies seeking allies in the fight against smoking restrictions.

An official of a union involved in the anti-smoking push on Monday called for the head of the Atlantic City casino workers' union, Donna DeCaprio, to resign for failing to protect her members from the dangers of secondhand smoke.

DeCaprio is president of Local 54 of the Unite Here union, which opposes a smoking ban on the grounds that so much business would be lost by smokers taking their money elsewhere that it could cause one or more casinos to shut down, costing thousands of workers their jobs.

“She should be ashamed of herself,” said Ray Jensen, assistant director of United Auto Workers Region 9, which represents dealers at three Atlantic City casinos and is part of a lawsuit seeking to have the courts force an end to smoking in the gambling halls. “She should hand in her union card.”

DeCaprio said her union supports the health and safety of its members, adding improvements to the workplace environment need to be made.

“A balance needs to be reached that will both protect worker health and preserve good jobs,” she said. “We are protecting our members against multiple casino closures and job losses. The UAW is eager to sacrifice the entire casino industry and put 25,000 good jobs with benefits at risk.”

DeCaprio said between 50% and 72% of all in-person casino revenue in Atlantic City comes from smoking sections, which occupy only 25% of the casino floor.

She said her union “and the vast majority of the labor movement” support a proposal that would improve ventilation in casinos and prevent any employee from being assigned to work in a smoking section against their will.

Whether to ban smoking is one of the most controversial issues not only in Atlantic City casinos but in other states where workers have expressed concern about secondhand smoke. They are waging similar campaigns in Rhode Island, Pennsylvania, Kansas and Virginia.

Workers have been pushing for four years to end an exemption in New Jersey’s clean air law that allows smoking inside the nine casinos. They say they or their co-workers are becoming ill with cancer, heart disease and other conditions related to exposure to second-hand smoke.

Gov. Phil Murphy, a Democrat, has said he will sign a bill to end casino smoking if it reaches his desk.

The casinos, joined by Local 54, oppose that effort, saying it will cost Atlantic City thousands of jobs and lead to decreased tax revenue for state programs for senior citizens and the disabled.

On Monday, the workers group that calls itself CEASE (Casino Employees Against Smoking’s Effects) filed an appeal of a court ruling in August that allowed smoking to continue in the nine casinos.

The Casino Association of New Jersey declined to comment Monday.

Attorney Nancy Erika Smith said as far back as 1993, tobacco companies targeted labor unions in the hospitality industry as potential allies to work against smoking bans in the restaurant and hospitality industries. That effort included the Hotel Employees and Restaurant Employees Union, a precursor of the Unite Here union.

“HERE and the related AFL-CIO affiliates are critical allies which should be cultivated as supporters of the effort to prevent smoking bans,” a public relations firm wrote in a memo to Philip Morris Companies that was made public during several states' litigation against tobacco companies. The memo said having HERE “as an ally in this effort would be a very powerful voice.”

As far back as 2001, HERE was part of a 12-member coalition including labor unions advocating for improved indoor ventilation instead of government-imposed smoking bans, according to another document cited in Monday's appeal.

The anti-smoking campaigners cite a 2022 report by Las Vegas-based C3 Gaming, a consulting firm, showing that casinos that went smoke-free "appear to be performing better than their counterparts that continue to allow smoking.”

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Follow Wayne Parry on X at www.twitter.com/WayneParryAC

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