Utility alleges its union broke bargaining rules.

Byline: Jeff Wright The Register-Guard

Union workers at the Eugene Water & Electric Board have engaged in illegal work stoppages and an unlawful meeting, the utility alleges in an unfair labor practice complaint filed with the state Employment Relations Board.

In one instance, EWEB says it took the unusual step of hiring a private tree-trimming crew when none of about 30 union employees on a phone list said they were available to respond to a call to reconnect electrical service.

The complaint, filed Friday, asks the state board to order International Brotherhood of Electrical Workers Local 659 to stop unlawful actions, post notices of past unlawful actions and cover reasonable legal costs incurred by EWEB.

The union has 14 days to respond.

Ron Jones, the union's business manager, said Monday that he had not yet received or reviewed the com- plaint. He said at least one alleged work stoppage and an unauthorized meeting apparently occurred; however, "We did not sponsor any of that stuff - none of that was driven by the local union (leadership)," he said.

Unfair labor practice complaints filed by employers, rather than unions, are relatively rare, said Vickie Cowan, the administrative law judge in Salem who will review EWEB's complaint.

Union workers last week narrowly rejected EWEB's latest contract offer, and none of the parties has proposed any new bargaining sessions.

The union's bargaining team met Monday with assistant business manager Lennie Ellis to review its options, Jones said.

The union on June 5 rescinded its strike notice, which means a walkout can't occur now until at least 10 days after EWEB receives a new notice. EWEB has rejected the union's call for binding arbitration.

The utility last month implemented its "last and best" offer, which includes salary increases of up to 12.4 percent over three years. Outstanding issues include health benefits, Veterans Day as a paid holiday and retroactive pay.

EWEB's complaint alleges three unfair practices, beginning on May 30 when an employee was dispatched after 8 p.m. to restore electrical service to a West Eighth Avenue residence when a tree downed a line.

The employee requested the help of a second worker. An on-call supervisor twice called everyone on an overtime call list but found no one willing to assist, the utility alleges.

Line technicians are required to respond to at least one of every four calls for overtime work. The failure of anyone to respond to the May 30 incident constitutes "unconventional strike activity" in violation of state law, EWEB contends.

The lone employee ultimately completed the repair job himself just before midnight, EWEB says.

Jones said union leaders did not learn of the incident until after the fact, and promptly informed members "that they have a responsibility to fulfil their obligations under the state's collective bargaining act."

EWEB contends the union was warned in writing, on May 31 and again on June 4, that any future unlawful work stoppages would result in the filing of an unfair labor practice complaint. On June 5, electric line employees and the union held an "unauthorized two-hour meeting" at a rural substation during work hours, EWEB alleges.

The meeting was called after leaders withdrew the union's earlier strike notice and agreed to another membership vote on EWEB's latest offer. The unauthorized meeting on company time was unlawful, the utility says.

Jones, who is based in Central Point, said he was asked to attend the meeting but could not do so. "It was not planned by the union," he said. "We did not call the meeting."

Finally, EWEB alleges that on June 7 a customer on Greenwood Avenue called about 3:15 p.m. to report arcing at the top of a power pole. An employee responded to the scene and requested a three-person crew to assist him, EWEB says. A line supervisor then sought the help of three union employees who had not yet completed their shifts and were still in the shop.

The employees - including Rick Turtura, a union bargaining team member - said they had scheduling conflicts that prevented them from responding, according to EWEB.

The supervisor then called a private tree-trimming crew, which completed the repair work in about two hours, under EWEB supervision, the utility says.

The additional response time and use of the contract crew cost EWEB about $750, the complaint alleges.

Jones said Monday he is unclear about the circumstances and needs to investigate further before commenting. Turtura did not return calls seeking comment.

EWEB spokesman Marty Douglass said he believes the latter two incidents stemmed from union members' frustration over union leaders' decision to rescind the strike notice and agree to another vote. The actions are not typical of EWEB workers' commitment to customer service, Douglass said.

EWEB managers met later with line workers to review their job duties, and no work stoppages have occurred since then, Douglass said.