California Public Utilities Commission member Mark Ferron ruled that SoCal Gas workers should be protected from retaliatory action by management when they provide information or act as witnesses in the commission’s pipeline safety proceeding. The proceeding is aimed at improving safety standards for the state’s gas utilities in the wake of the 2010 Pacific Gas & Electric pipeline disaster in San Bruno. Ferron’s Jan. 25 ruling largely granted a motion by the Utility Workers Union of America seeking a “prophylactic” order “to assure a free flow of information to the Commission from utility employees.” The union sought the order Sept. 22, 2011. At the time, the union said there were no instances of retaliation by SoCal Gas. Labor representatives explained that the order was needed largely to clear away fear of management reprisals and encourage workers to come forward with any concerns that might help the commission strengthen pipeline safety rules. SoCal Gas opposed the motion, claiming workers already are protected from retaliation under state and federal labor laws. The company also claimed the order could prevent it from taking personnel action against employees who jeopardize the safety of other employees or the public. However, Ferron wrote that the ruling would not prevent the company from taking action against employees in such instances. He reasoned the order would encourage employees to share potentially useful information with regulators. Still pending is the union’s request for a CPUC staff liaison to the union in the proceeding. Also at issue, is whether the protection should be adopted on a permanent basis for all state gas utility workers in rules the commission is developing in the safety proceeding.
