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seasonalguy


Joined: 28 Jul 2003
Posts: 17
Location: earth
Posted: Wed Jul 30, 2003 5:19 am    Post subject: Lowes smoking ban  

I work at Lowes #620 Hoover Alabama. I just wanted to get an idea of what you all think of this smoking ban. On our last pay check was a note stating we would not be allowed to go to our cars and smoke even off the clock. I clock out and go eat, I then come back to the employees parking area and sit in my car and smoke till time for me to clock back in. I did not know that Lowes can try and run my off the clock life.
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Cabinetman


Joined: 08 Jul 2003
Posts: 214
Posted: Thu Jul 31, 2003 3:53 am    Post subject:  

When i'm not on the clock i don't work for Lowe's, and if Lowe's wants to pay the monthly note on my truck then they can tell me i can't smoke in it, until then it's my property. If they can tell us what we can do in our own vehicle on our own time, next they'll try to control our lives in our own home.
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sleK
Administrator

Joined: 30 Jun 2003
Posts: 1017
Location: over yonder
Posted: Thu Jul 31, 2003 4:21 am    Post subject:  

I believe that they may have a bit more pull than you imply Cabinetman. Simply for the reason that they own the property that your truck is parked on.

This doesn't mean that I agree with their policy - I do think it's kinda unreasonable.

However, my suggestion would be to gather a group of smokers and venture off the property, just outside the boundaries. Preferably someplace within eyeshot of the main parking lot entrance so all the customers driving in can see you all standing around, enjoying your vice.

After a few days of (the inevitable) customer complaints management may become a little more flexible.

If you're off the clock and off the property, their hands are tied. They can do nothing legally 'cept give you a hard time.

(not to be contrued as legal advice) Wink
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Parttimemeans40hours


Joined: 04 Jul 2003
Posts: 24
Location: Southeast
Posted: Thu Jul 31, 2003 5:27 am    Post subject:  

Maybe they will also post "This is a NONSMOKING Parking Lot" signs for the customers soon! I figure if I'm off the clock then all I am is the average "Joe" sitting in the lot relaxing! If you don't have the vest/apron on, then whats the problem. It's just another move to control our every move and to have another reason to write us up!
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redsled


Joined: 20 Jul 2003
Posts: 13
Location: Metro Atlanta
Posted: Thu Jul 31, 2003 1:15 pm    Post subject:  

At my store, we have a restaraunt at the near corner of our parking lot. We are pretty good friends with the restaraunt since we go over there all the time. I had mentioned a few months ago to a lot of the smokers "at the shack" that September 1st, we go over and stand in the first parking spot at the restaraunt. Some people are being sheep and are apprehensive to do it. Screw it, that is not Lowe's property. But it is well within sight of the entrance and exit doors. I have just recently quit smoking, so it's a personally a non-issue for me. But if others do what I suggested, I'll go over and burn one with the team.

redsled
R3
D892
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kanaka


Joined: 04 Jul 2003
Posts: 933
Location: roaming...
Posted: Thu Jul 31, 2003 2:28 pm    Post subject:  

Parttimemeans40hours wrote:
Maybe they will also post "This is a NONSMOKING Parking Lot" signs for the customers soon!


Actually, they have to. They cannot ban "off the clock" employees from smoking in their cars, while allowing the rest of the public to do the same. Lowes is toying with a class discrimination action against them, regardless of the fact that it's their property.

(This also should not be construed as legal advice.) ;)

P.S. - It is highly doubtful that Lowes actually owns the parking lot. In all probability, they lease the property.
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Parttimemeans40hours


Joined: 04 Jul 2003
Posts: 24
Location: Southeast
Posted: Thu Jul 31, 2003 4:49 pm    Post subject:  

I know for a fact they lease the property ours is on! It's unbelieveable what they pay too.
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USA#1


Joined: 04 Jul 2003
Posts: 2078
Posted: Thu Jul 31, 2003 9:07 pm    Post subject:  

At the Sears I work at, they tried banning smoking all together at the place. This includes our smoking area that we have. They dropped the matter when it disn't fair too well with the employees that do smoke.
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LowesLadyOnceAgain


Joined: 06 Jul 2003
Posts: 32
Posted: Fri Aug 01, 2003 2:07 am    Post subject:  

Well IMO, what we have here is a double edge sword, for example.


They don't want us to smoke on their so called property ..right?

But as soon as one of the employees cars gets a ding or a scratch from a cart, somehow it does not belong to them, then you have to fight for them to get their insurance to pay for the damage of your car, which in some cases I have seen pretty bad dents from rolling flat carts.

Can someone explain this one for me Doh!
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Cabinetman


Joined: 08 Jul 2003
Posts: 214
Posted: Sun Aug 03, 2003 3:48 am    Post subject:  

Parttimemeans40hours wrote:
Maybe they will also post "This is a NONSMOKING Parking Lot" signs for the customers soon! I figure if I'm off the clock then all I am is the average "Joe" sitting in the lot relaxing! If you don't have the vest/apron on, then whats the problem. It's just another move to control our every move and to have another reason to write us up!


They will have to put no smoking signs in the parking lot, they will have to say the same thing they told the employees, no tobacco products in your pockets while in the store, no smoking on the parking lot or in your vehicles. If they don't make the customers follow the same rules as the employees, it will be discrimination against the employees. Will they force this policy on the customers like they did to us, alot of people are watching, it'll be interesting to see what happens. I did notice that the policy said nothing about the G.O. going non- smoking.
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seasonalguy


Joined: 28 Jul 2003
Posts: 17
Location: earth
Posted: Sun Aug 03, 2003 4:27 am    Post subject:  

I found this on a web site:
---------------------------------------------------------


It has been brought to the attention of the National Organization of Smokers that Lowe's Home Improvement may be creating a hostile work environment for employees who smoke by harassing and discriminating against them in the terms and conditions of their employment. If these charges prove to be true and may neither be proved false nor refuted by Lowe's Home Improvement then the National Organization of Smokers highly recommends and invites all American smokers to do their patriotic best to refrain, desist and abjure from shopping at any Lowe's Home Improvement center or outlet until said business establishment lightens up and gives its smoking employees a reasonable and decent all-American smoke break. Does Lowe's Home Improvement think it is contributing to the improvement of the American home and family by ostracising and persecting smokers just because the American Cancer Society has chosen to blame, target and depict poor, harmless and defenseless smokers as being primarily responsible for all the carcinogenic evils in the world? Really. Let's get normal, sane, rational and reasonable. Let us find places to shop for home improvement ideas, products and services other than the rabid anti-smoking merchant crusaders of this world such as Lowe's Home Improvement and let us send all American corporations the timely and pertinent message that if they don't like smoking, smoking employees or smokers in general then we'll just take our money and business elsewhere, thank you very much. All praise and glory to our wonderful American system of free speech and enterprise. Let the buyer beware!
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Cabinetman


Joined: 08 Jul 2003
Posts: 214
Posted: Sun Aug 24, 2003 8:57 pm    Post subject:  

Seven days and counting before we lose another one of our freedoms at work. I still don't see any signs in the parking lot, or on the doors to inform the customers to leave their tobacoco products at home if they want to shop at Lowe's. I guess it will be up to the employees to tell the customers, we know Management want.
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whizbang


Joined: 19 Aug 2003
Posts: 15
Posted: Sun Aug 24, 2003 9:49 pm    Post subject:  

Our operations manager informed us the other day, that if he catches any employee smoking on the property, even if on their lunch hour and in their vehicle, they will be terminated from employment on the spot.... Shocked

Unfortunately, twenty some of the employees at the store signed a petition and sent it the the DM, giving the ops manager a vote of no confidence, and asking he be reassigned....he is staying and the signers are reportedly getting write ups...... Mad


Last edited by whizbang on Fri Aug 29, 2003 8:17 pm; edited 1 time in total
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siggy
Moderator

Joined: 01 Jul 2003
Posts: 127
Location: B.C. Canada
Posted: Sun Aug 24, 2003 11:30 pm    Post subject:  

Quote:
Unfortunately, twenty some of the employees at the store signed a petition and sent it the the DM, giving the ops manager a vote of no confidence, and asking he be reassigned....he is staying and the signers are getting write ups......


The entire rest of the employees, fellow co-workers, need to show support for the ones who stood up for what they believe. Whether or not you agree or disagree with their stand, unity in this situation will give workers power for more important issues. Circulate a petition which supports the co-workers. Send it to the same places the first one went.

Let the employer know you stand together ... if they are writing people up then let them write you all up. United we stand divided we lose everything.
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whizbang


Joined: 19 Aug 2003
Posts: 15
Posted: Mon Aug 25, 2003 1:34 am    Post subject:  

I hope they do stand up Confused

Last edited by whizbang on Fri Aug 29, 2003 8:18 pm; edited 1 time in total
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siggy
Moderator

Joined: 01 Jul 2003
Posts: 127
Location: B.C. Canada
Posted: Mon Aug 25, 2003 1:43 am    Post subject:  

Quote:
I hope they do stand up


Have you asked them for their support? Put the petition together yourself and ask them to support you and the rest.
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Cabinetman


Joined: 08 Jul 2003
Posts: 214
Posted: Mon Aug 25, 2003 3:20 am    Post subject:  

whizbang wrote:
Our operations manager informed us the other day, that if he catches any employee smoking on the property, even if on their lunch hour and in their vehicle, they will be terminated from employment on the spot.... Shocked

Unfortunately, twenty some of the employees at the store signed a petition and sent it the the DM, giving the ops manager a vote of no confidence, and asking he be reassigned....he is staying and the signers are getting write ups...... Mad



Ask your ops. manager if Lowe's would like to buy all of your vehicles or pay the notes, then they can say it's Lowe's property. The policy says Lowe's vehicles, and when I'm not on the clock I don't work for Lowe's. If they want to start that I'll just send them a bill for all the times I've been asked to help a customer while not on the clock. I'm not sure I wouldn't contact the Law Firm handling the Overtime Suit and get some advise for what they did to you , this may be a way they try to get to the employees for the suit, using the smoking policy.One thing for sure is you can't stop now, if you had 20 try to get 30 and do it again, and then 40. Another thing to do is watch for your ops. manager to make a mistake and turn the tables. You have to play the same dirty game they play, keep a note pad in your pocket and write down everything you see. Thumbs Up
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Action


Joined: 07 Aug 2003
Posts: 50
Posted: Mon Aug 25, 2003 3:53 pm    Post subject:  

whizbang:
this is another example of the heavy handed, clumsy store management that has produced nothing for Lowe's but employee discontent, reduced productivity, compliants, and lawsuits. That Ops is just doing this the hard way, making his own job more difficult - and why? He must feel there is something in it for him - either an ego-powertrip, or maybe thinking his SM or DM will pat his head and reward him with little puppy treats. Find out what is motivating his actions.
You, individually or all 20 petitioners, can take this to your DM, RVP, or Area HR rep and say - "hey, we work our butts off here, this is unnecessary harassment". There must be more people in your store who would support you in that - let them know that they are all risk of harassment if he gets away with this.
I DO STRONGLY recommend that you ask an attorney what legal right Lowes has (in your state) to enforce the ban of smoking in your own car. Also ask to what extent you have the right to petition for relief. Take those written instructions regarding the new rules to an atty. That was written locally, aren't chainwide (I think- haven't seen them in region 1Cool. seen
I personally agree with the ban on smoking, but it can't be used as a stick for stupid mangers to beat employees.
Cabinetman is right: Protect yourself against harassment from lunkheads manager!! Organize, keep records, talk to other stores, find out from other managers what the real storey is behind the Ops behavior (has he got orders? Is he being selective in his punishment? could one of the other managers speak to him, try to mellow his approach?)
CabMan is right: Get some leverage on this guy, dig up dirt if there is any (there was a particularly nasty manager in a store near here - a customer complained that the manager made sexual advances in the men's room. That manager was gone fast). Use the chain of command. Maybe SM or DM want this guy gone, too.
Lowes will not rescind this smoking ban, but there has to be a realistic, noncombative way for managers to enforce it. This Ops sounds unusual - most stores aren't so Concentration Camp about it. It's his mindset, and you could show that it affects his business decisions. Lowes doesn't want managers who can't get people to work for them.
Get CUSTOMERS to write complaints about how the smoking issue is dealt with, or better yet, CUSTOMER complaints about that particular manager. Even the most ridiculous CUSTOMER complaints make Lowe's respond, employee complaints get very little respnse from Lowe's, unless there is a risk of expense or publicity.
Talk to an atty., then maybe talk to local news. They love stuff like this. CYA.
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Cabinetman


Joined: 08 Jul 2003
Posts: 214
Posted: Tue Aug 26, 2003 1:12 am    Post subject:  

It seems as though every store is writting their own policy on smoking, they seem to be taking the policy and doing what they want to with it. I plan to ask what ours is, have it posted and get a copy of it. Was also told it was only for Lowe's employees and not for the customers. Confused
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lowest


Joined: 24 Aug 2003
Posts: 26
Location: midwest
Posted: Wed Aug 27, 2003 3:42 am    Post subject:  

I'm a nonsmoker, but most of my friends smoke. I'm frantically searching for other employment before the deadline so I don't have to deal with all my nicotine-deprived crazy friends! I love them the way they are, dammit! Just when we think they've made up the dumbest rule possible (the "one foot rule" on the register Rolling Eyes ), they come up with an even more inane one. This one would be equivalent to telling me I can't have any more junk food at work. They'd just have to shoot me. Razz
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Cabinetman


Joined: 08 Jul 2003
Posts: 214
Posted: Sat Aug 30, 2003 2:21 am    Post subject:  

How many different policies do we have out there on the smoking ban? At my store it's for employees only, the customers can do what they want. They're affraid we may lose a sale if we say anything to a customer. What they forget is that we're customers also. As a Lowe's employee I'll work and do my job, but I can shop somewhere else. What's the policy at your stores?
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beenheretolong


Joined: 26 Aug 2003
Posts: 29
Posted: Sat Aug 30, 2003 4:29 am    Post subject:  

in my store ,,this starts tomorrow saturday..we are told that is the fiscal month end so that is when it starts ....
this is nothing but bad ,,for everyone in are store ,,
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Giddyup


Joined: 12 Jul 2003
Posts: 9
Posted: Sun Aug 31, 2003 2:25 pm    Post subject:  

Honsestly guys, I don't know if I am going to make it, but I will give it a try. I will be totally armed, my arsenal will include: patches, gum, Tootsie Roll Pops, and in extreme emergency I have secured a small, "break glass in case of emergency" supply of tranqulizers ( I was warned not to take a whole one, it will put me on my ass). Oh well, sorry I can't drive anything today.
What is this place coming to?
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COOTER


Joined: 09 Aug 2003
Posts: 17
Posted: Sun Aug 31, 2003 10:54 pm    Post subject:  

Hey guys/gals, heres an idea. go to work with smoke on your breath and clothesand when you get a break go behind a camera somewhere and take a few puffs if needed, when your finished put in a cough drop or whatever and maybe they won't smell your breath. I already got me a plan together ( keepin my fingers crossed) that it will work. I didn't have to sneak around this much since elementary skool. Just be sure you know who the narc's are that you work with. Good Luck to all of you hard workin LET FREEDOM RING EMPLOYEES.
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COOTER


Joined: 09 Aug 2003
Posts: 17
Posted: Sun Aug 31, 2003 10:55 pm    Post subject:  

Hey guys/gals, heres an idea. go to work with smoke on your breath and clothesand when you get a break go behind a camera somewhere and take a few puffs if needed, when your finished put in a cough drop or whatever and maybe they won't smell your breath. I already got me a plan together ( keepin my fingers crossed) that it will work. I didn't have to sneak around this much since elementary skool. Just be sure you know who the narc's are that you work with. Good Luck to all of you hard workin LET FREEDOM RING EMPLOYEES. Cool
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