KITTANNING — A federal appeals court has agreed with a lower court judge who says a labor arbitrator erred when he struck down a hospital's ‘smoke-free' workplace policy.

Monday's decision by the 3rd U.S. Circuit Court of Appeals upheld a decision by a federal judge in Pittsburgh last year that said an arbitrator's decision to strike down the ban ACMH Hospital near Kittanning imposed in 2009 was unreasonable. The arbitrator had sided with unionized clerks, nurses' aides and other support staff who filed a grievance because they were used to having a designated smoking area.

A Pittsburgh newspaper said the court found the arbitrator erred by ruling that the workers' “expectations” had created a “protected local working condition” because such language doesn't appear anywhere in their employment contract.