COUNCIL STILL TORN ON DWP DEAL ELECTRICAL WORKERS PREPARE TO STRIKE IF PACT REJECTED.

Byline: Rick Orlov Staff Writer

Although the city attorney says the Los Angeles City Council can change the terms of a proposed contract that would give lucrative raises to 8,000 workers in the Department of Water and Power, council members remained divided Thursday over the controversial agreement.

While the decision appeared to remove council members' concerns about the potential for litigation if they try to revise the tentative agreement reached with the workers, most said they plan to reluctantly support it or seek further study of the issue.

Just three of the council's 13 members - Bernard Parks, Greig Smith and Dennis Zine - said they oppose the five-year contract that would give raises of up to 30 percent to members of the International Brotherhood of Electrical Workers, Local 18.

The deal has been the subject of controversy for nearly two months, coming amid water-rate hikes and questions from other unions and Mayor Antonio Villaraigosa about wage parity.

Zine, who chairs the council's Personnel Committee, said Thursday he believes there is room for further negotiation. That view was echoed by Councilman Tony Cardenas, chairman of the Commerce, Energy and Natural Resources Committee that oversees the DPW.

Cardenas said he remains undecided, but wants to explore all options despite an opinion from the city attorney that the council has the authority to change the tentative agreement.

``We can go forward in the process and provide the scrutiny that is always warranted in a department contract of this fiscal magnitude,'' Cardenas said.

``With this city attorney's opinion, my colleagues will now feel more secure in asking the tough questions that will help them come to a fair decision,'' he said.

Councilman Bill Rosendahl, who also serves on the panel overseeing the DWP, said there are a lot of questions to be asked about when a deal should be considered complete.

The council, concerned about possible litigation if it changes a deal already ratified by the union, had asked the city attorney for an opinion.

City Attorney Rocky Delgadillo said the council can continue to review the contract even if it previously approved bargaining instructions to management negotiators who reached a memorandum of understanding with the union.

An opinion from Delgadillo's office says public reaction and input can legally prompt the council to reject such a memorandum even if its terms conform to the council's prior instructions. ``New instructions may be given,'' according to a written opinion from the office. ``Facilitation of public input represents an important consideration, because otherwise the public would be read out of the labor-relations process.''

The council is expected to consider the deal in the next two weeks, with little more than three weeks before the IBEW has threatened to strike if the contract is not approved.

Brian D'Arcy, general manager of the union, has defended the tentative contract, saying it calls for a 3.2 percent a year increase, but said he is preparing for action if the council rejects it.

``Unfortunately, it looks like we have to prepare for a work stoppage,'' D'Arcy said. ``This is one that shouldn't happen. The council gave their approval to this proposal, and we ratified it.''

On Labor Day, D'Arcy said 3,000 of his members demonstrated around City Hall, chanting, ``A deal is a deal.''

D'Arcy also dismissed Delgadillo's legal opinion. ``There are so many holes in there, it's ridiculous,'' D'Arcy said. ``We don't think it will stand up in court.''

Rick Orlov, [phone]

rick.orlov(at)dailynews.com