1. Indoor smoking shall be prohibited at all Flight Service Stations, except where only one person is used to staff a shift, cigarette smoking shall be permitted within the work environment. In facilities with two stories or more, indoor smoking shall be negotiated locally on a site-specific basis.

2. The Agency shall designate an outside area connected to each facility or free standing, that is reasonably accessible to employees, and provides reasonable protection from the elements. Reasonable protection shall be negotiated at the regional level.

3. The Agency shall maintain a paging or messenger system within and around the smoking area that would allow the Agency to recall smokers to their duty stations quickly should an emergency arise.

4. Management shall permit reasonable smoking breaks consistent with operational requirements. Scheduling breaks is a management responsibility which must be met except for actual traffic considerations.

5. All bargaining unit employees who smoke shall receive official time in order to travel and attend smoking and cessation classes offered by the Agency. Such classes shall be at no cost to the employee. The granting of official time for this purpose is subject to operational requirements.

6. The Air Traffic Division Manager and the NAATS regional Director shall meet within 90 days to decide on the process to be followed in determining the smoking cessation classes to be used with the region. If they are unable to resolve this issue, it shall be elevated to the national level of the respective organizations for decision.

8. In the event the Agency or Union at the national level are unable to resolve a dispute concerning the intent of this agreement, or any other issue emanating from this agreement or an item pertaining to smoking, the parties shall elevate the issue to the respective national levels for resolution.

9. In the event the Agency or Union at the national level are unable to resolve a dispute concerning the intent of this agreement, or any other issue emanating from this agreement or an item pertaining to smoking, the specific issue shall be submitted to an interest arbitrator for mediation/arbitration at the national level.

10. This settlement agreement shall not be construed as an admission by the Agency of an unlawful or improper act against the Union or any Agency employee. The Agency specifically disclaims any liability to the Union, any Agency employee, or any other person.

11. The terms of this agreement shall not establish any precedent. This agreement may be used as evidence in a subsequent proceeding in which either of the parties allege a breach of this agreement.

12. This agreement contains the entire understanding of the parties, and this agreement shall be binding upon the Union and the Agency employees it represents. No modification or waiver of any of the terms of this agreement shall be valid unless it is made in writing and executed by the parties.

13. This agreement shall be binding upon the Union and Agency employees and shall inure to their benefit and the benefit of the Agency officials and other agents.