Utility Reporter October 1980 IBEW, Local 1245 PCB spill a member's viewpoint of the cleanup By Fred Morris up. PG&Es management appeared to Shop Steward be just as confused as we were and at this point their interest was directed to In Watsonville, on August 14, 1980, the news media and the public. With at about 2:30 p.m., one of the worst the little knowledge we had about PCB spills in PG&E history was toxic chemical cleanup, we began the making news. cleanup operations. When the capacitor blew, a We started with a wipe down of the moderate wind was blowing, it carried mayor's house and driveway. A Gas the PCB contaminated fluid about 200 Department backhoe was brought in to ft., contaminating three different remove the contaminated area around yards. The home of Mayor Bill the pole. At about this time I put in a Johnson was affected quite heavily call to our union Business itz by the PCB contaminated fluid. Representative Bob Thomson, to Pe ce All line crews were called in to the verify that the procedure being used Joy Watsonville yard to prepare for the was proper and that our safety was not by clean up. They were instructed to being jeopardized. to pho gather all the PCB protective Our Rep was at a unit meeting in Executive Board Member Bill Peitz, President Ron Fitzsimmons, and Business equipment and clean up materials they San Jose and arrived at the job site Manager Jack McNally at the California Labor Federation Convention. could find. Some of the protective about 7:30 p.m. We expressed our equipment was not available. There concerns to him and he immediately had been a minor PCB spill the day Please turn to page 12 Business Manager elected VP before and the disposable equipment had been used on that spill. of California Labor Federation Upon our arrival to the spill site, the Citizens Utilities news media was already checking out cited in member's Jack McNally, Business Manager of unanimous vote, as well as John F. the problem. Add to this, one of the Local 1245, was elected Vice Henning, the Executive Secretary- worst spills ever, and the lack of death President of the California Labor Treasurer. training and education on this type of Larry McCutcheon, a 34-year-old Federation at the Federation's 13th The delegates also elected Don clean up, you have all the ingredients Susanville Lineman, was fatally constitutional convention at the Los Hunsucker, President and Executive for confusion. electrocuted July 12. Larry was an Angeles Convention Center. Officer of United Food and The crews prepared themselves for a IBEW Local 1245 member for seven Albin J. Gruhn, the Federation's Commercial Workers Union, to the large scale cleanup. After the capacitor years. Our Local Union offers President, was reelected by a position of Vice President of the bank was removed from the pole, no condolences to Larry's family. Federation. one was sure where to start on clean See complete story on page 6. Reelected as vice presidents, also by unanimous vote, were: This issue Max Osslo, Vice President, United Food and Commercial Workers; M.R. at a glance Please turn to page 12 • Political Endorsements 71/2% interest page 8-9 included in • Candidates' Voting Records backpay award page 8-9 Local 1245 member J.R. Schneider, a PG&E Lineman in Hollister, dem Fu • Bargaining received over $900 in interest when he n Jea Report won a discharge grievance and the arbitrator awarded him $8,688 in by page 10 to backpay. pho • Outside Under the recently negotiated 1980 Shop Steward Don Paver discussed union concerns with Business Representative Construction PG&E Physical Agreement, Section Al Sandoval. Hotline 102.4(a), Jim was awarded his Please turn to page 12 Upclose: see page 4 page 11 It's the Law Protection for union activities by John L. Anderson Attorney-at-Law Neyhart, Anderson, Nussbaum, Reilly & Freitas During union organizing campaigns, working under a collective bargaining or when an employer takes a "get agreement with a "no strike" clause, tough" attitude toward a union, we are what would ordinarily be "protected" invariably asked the question: "To becomes "unprotected". An employee what extent does the law protect an who engages in a strike may be employee who is engaged in union disciplined, without recourse under activities?" The answer is, "it the law. depends". There are, however, some It depends upon what kind of generalized protections which are Charles G. Erwin, left, displays the John A. Britton Award, presented by PG&E employee we are talking about: a common to all statutes governing Vice President — General Construction G. Stan Bates. private sector employee or one of a labor relations. The best place to start half-dozen types of public employees. is with SS7 of the NLRA as it is the It also depends upon the activities model for all statutes protecting union Retired member receives engaged in, and circumstances. activities. lifesaving award Determining what is "protected Section 7 guarantees to all activity" as opposed to "unprotected employees covered by the NLRA: activity" is not susceptible of a simple Retired Local 1245 member, Charles called for assistance and ". .. the right to self-organization, answer. Charles G. Erwin, is the first retired immediately began mouth-to-mouth to form, join or assist labor PG&E employee to receive the resuscitation, while instructing the For example, the National Labor organizations, to bargain collectively, company's John A. Britton Award other man in cardiopulmonary Relations Act guarantees the right to through representatives of their own citation for lifesaving action. resuscitation (CPR). strike; however, if an employee is choosing, and to engage in other Charles, a Local 1245 member for Lester regained movement within concerted activities for the purpose of 22 years, and former Construction minutes, and was moved to a local collective bargaining or other mutual Inspector at the Diablo Canyon hospital. He resumed normal activities The Utility aid or protection. " Nuclear Power Plant, was watching after a week's hospital stay. Reporter It's against the law for an employer Lester Voight and another man play Charles is to be commended for to interfere with the exercise of billiards at their Arizona retirement saving the life of this neighbor, by his employee rights guaranteed by Section community in February. quick action and knowledge of CPR. (415) 933-6060 7. Suddenly Lester staggered The NLRA makes it unlawful for an backwards, falling on the floor. Business Manager employer to interrogate employees or JACK McNALLY to spy on employees to determine their union sympathies. He may not Communications Director threaten employees or promise them Each of the other Acts covering such properties as Sacramento SUSANNE N. COFFEY benefits in order to discourage union labor relations in California Regional Transit. Communications Intern activities. He cannot threaten to close incorporate some or all of the rights Federal employees are now granted to employees by SS7 of the JEAN FUDEM his plant or offer a raise or increase protected as well, by the Civil Service benefits to discourage union activities. NLRA. Reform Act and federal legislation Executive Board He may not discipline, discharge or The Meyers-Milias-Brown Act conferring collective bargaining rights Ron Fitzsimmons on certain federal employees. Nannette Brownlee discriminate against an employee in (MMB) covers most local public Jay Burton terms of working conditions or employees. That Act provides that the In almost all cases, the various William Peitz benefits, because the employee has public employees courts and agencies which administer Charles Kasper engaged in union activities. He may ". .. shall have the right to form, or enforce these laws have looked to Barbara Symons not refuse to bargain with the join and participate in the activities of cases decided under the National Kathy Tindall employees' union. employee organizations of their own Labor Relations Act to assist them in Ray Friend He is obligated to process choosing for the purpose of determining the rights of employees Published monthly at 3063 Citrus grievances and to allow union representation of all matters of and whether those rights have been Circle, Walnut Creek, California 94598. representation during an employee employer-employee relations. " interfered with by a public employer. Official publication of Local Union interview if discipline could result MMC makes it unlawful for a public While the law now extensively 1245, International Brotherhood of from the interview. He may not dictate employer to: protects the rights of employees both Electrical Workers, AFL-CIO, P.O. Box who is to be the employees' 4790, Walnut Creek, CA 94596. interfere with, intimidate, public and private to engage in union Second Class postage paid at Walnut representative, and he must never deal restrain, coerce or discriminate against activity, a caveat is in order. Remedies Creek and at additional mailing offices. with employees behind the back of the public employees because of their for unlawful conduct are slow in USPS No. 654640. ISSN No. 0190- employees' union. exercise of their rights (as stated coming from boards and courts, 4965. The National Labor Relations Board above). because of the delays inherent in our legal system. POSTMASTER: Please send Form will enforce the rights of employees to State employees enjoy the same 3579, Change of Address, and all engage in union activities and will rights pursuant to the State Employer- Thus, it must still be said that the correspondence to Utility Reporter, P.O. order an employer who has interfered Employee Relations Act. A similar best protection for employee rights is Box 4790, Walnut Creek, CA 94596. with the exercise of those rights to statement of employee rights and the establishment and maintenance of Circulation: 24,000 cease and desist from such interference employer responsibilities is contained a strong union dedicated to the x:73" 9 VOL.