EWUA Union Update Notice | Public accountability notes & questions

||| FROM CORY HARRINGTON |||

Eastsound Water (EWUA) recently distributed a member notice regarding staff unionization and collective bargaining negotiations. The notice contains broad assurances about progress, good faith bargaining, and support for the union.

However, many members and community stakeholders have raised concerns about transparency, rising legal costs, and reported workplace retaliation. The purpose of this document is to provide factual counterpoints, supporting context, and clear questions for EWUA leadership to answer publicly.

Below is the full EWUA notice (unaltered), followed by section-by-section accountability notes and supporting exhibits.

EWUA NOTICE (FULL TEXT — UNEDITED)

Greetings Members,

We wanted to update you on some changes taking place at Eastsound Water over the past 30 days. We’ve been listening to our community and our staff and have appreciated the feedback.

If you haven’t heard, our staff unionized in mid-2025 under the care of IBEW. Since then, we have been working diligently with the IBEW to negotiate a comprehensive collective bargaining agreement, and we’ve made significant progress towards a final deal. We have tentative agreements on the majority of our contract at this point, and will be turning our focus to finalizing the economic terms this month. While the average first union contract takes well over a year to complete negotiations, we have been consistently ahead of that average, and we will continue to push forward to achieve an agreed-upon contract as soon as possible.

Our experience working on the contract with the IBEW reps has been productive and amicable, and we’re attributing that positive tone to the speed at which we are progressing. In fact, just today we had another 2-hour bargaining session with the IBEW, and they commented at the opening of our meeting that we have “made really great progress, and that we are getting really close to a deal.” That was nice to hear and we agree. Both management and the Eastsound Water Board of Directors are all in support of the IBEW representing our employees, and we believe there will be many benefits that will come from their involvement.

We have heard from members in the community that we (the management) are anti-union, or are obstructing the bargaining processes, but we are happy to report that is absolutely not the case. As mentioned above, we are making good progress and our bargaining interactions have all been positive, but these negotiations do take time, so we thank our employees and all involved for their patience. We understand the wait can be frustrating but we’re almost there.

Unfortunately, there is a rumor going around that we have “hired a union-busting” attorney to fight this union negotiation which simply is not true. We support our employees right to unionize and we are pro-union. Neither our Association leadership, nor any retained counsel, has engaged in any union-busting activity during this contract negotiation in any form, and further, that simply wouldn’t be tolerated by our leadership team, so I hope that eases any concerns.

Our retention of a management-side labor attorney to represent us in this new union experience is no different than our retention of a CPA to guide us through tax and accounting issues. Our union attorney selection was simply based on a recommendation from our trusted counsel that has helped us through many legal matters over the last few years.

Again, the reality here is that IBEW, our management and our Board of Directors have been dedicated towards bargaining in good faith to finalize a labor agreement that works for all of us, and we continue to make good progress in partnership with the IBEW in doing so.

Thank you for your patience. We will be across the finish line soon.

Dan Burke
General Manager
Eastsound Water

SECTION 1 — “We’ve been listening”

EWUA Statement

“We’ve been listening to our community and our staff and have appreciated the feedback.”

Accountability Notes

EWUA states it has been “listening,” but members continue to report that major transparency requests have not been substantively answered, including:
• Requests for EWUA’s Conflict of Interest Policy
• Requests for Clark Well project financial records
• Ongoing reports from community members that staff feel unsafe, unheard, and pressured
• A pattern where board members offer to answer questions “offline,” but those conversations often become defensive rather than informative

Listening is demonstrated through responsiveness and transparency—not general reassurance.

SECTION 2 — “Staff unionized in mid-2025” / “significant progress”

EWUA Statement

“Our staff unionized in mid-2025 under the care of IBEW… we’ve made significant progress… the average first union contract takes well over a year…”

Accountability Notes

EWUA describes unionization as “mid-2025,” but EWUA’s own written communications show union activity began earlier.

On March 3, 2025, EWUA Board President Teri Nigretto wrote to members that staff were considering joining IBEW Local 77 and that EWUA’s 2025 budget included funds for specialized labor law legal advice.

EWUA has repeatedly cited a “national average” for first contracts (sometimes described as 465 days), but has not provided a source or explained whether this statistic applies to a small utility with approximately 11 employees.

EWUA has provided no measurable public evidence that “significant progress” has occurred.

SECTION 3 — “Amicable bargaining” / “Board supports IBEW”

EWUA Statement

“productive and amicable… really close to a deal… the Board is all in support…”

Accountability Notes

EWUA claims bargaining has been amicable and quotes IBEW representatives as saying EWUA is “really close to a deal,” but provides no written confirmation from IBEW.

First-hand reports describe a different reality, including repeated statements from Board Member Chris Madison that IBEW Local 77 is the “wrong union,” and that union representatives were a “C team.”

EWUA provides little union progress reporting in public board minutes, and members report that these matters are often handled in Executive Session, limiting transparency.

SECTION 4 — “We are not anti-union”

EWUA Statement

“We are happy to report that is absolutely not the case.”

Accountability Notes

EWUA provides reassurance, but workplace conditions have reportedly deteriorated sharply since unionization, including:
• Increased interrogations and investigations
• Increased discipline and loss of discretionary privileges
• Increased Board involvement in day-to-day staff matters
• Resignations, termination, and continued instability

If EWUA is truly supportive of unionization and bargaining is progressing smoothly, the public should ask why staff report increased interrogations, discipline, intimidation, and turnover since unionization began.

EXHIBIT A — Unionization & Bargaining Timeline (EWUA)

2025

• Feb 3 — Employees signed union recognition cards
• Feb 14 — Board special meeting; Board refused voluntary recognition, forcing NLRB election
• Apr 9 — Employees won NLRB election to unionize
• May 8 — First two employees reprimanded
• May 14 — Employee requested grievance process; no response given
• May 23 — Union filed Unfair Labor Practice charges
• July 17 — Two employees investigated; first negotiation meeting
• July 19 — EWUA posted job for contract operations manager
• Aug 7 — New cameras and audio installed at shop
• Aug 11 — Second negotiation meeting; L&I investigators arrived
• Sept 12 — Third negotiation meeting; EWUA agreed to negotiate every two weeks
• Sept 16 — L&I investigated EWUA again
• Sept 24 — L&I interviewed employees
• Oct 21 — Board member reportedly stated: “We wouldn’t have to be doing this if y’all didn’t join the f**king union.”
• Oct 23 — One employee terminated; additional employee investigated
• Nov 21 — Fourth negotiation meeting

2026

• Jan 22 — Fifth negotiation meeting
• Feb 13 — Sixth negotiation meeting

SECTION 5 — “Union-busting attorney rumor”

EWUA Statement

“There is a rumor… which simply is not true.”

Accountability Notes

EWUA dismisses public concern as rumor, but EWUA has declined member requests to disclose union-related legal spending.

EWUA’s retained labor counsel appears to include Davis Grimm Payne & Marra. The firm’s published biographies state that attorney Selena C. Smith (appears to be EWUA’s retained counsel) represents management in collective bargaining, National Labor Relations Board proceedings, labor arbitrations, and “union organizing counter campaigns,” as well as day-to-day discipline and termination decisions.

In addition to individual attorney biographies, Davis Grimm Payne & Marra publicly advertises services that include helping employers resist union organizing efforts. For example, the firm’s website states:
• “We have successfully helped clients fight off union organizing campaigns.”
• “We provide a strategic, individualized management campaign to maximize your business’ chances to defeat an organizing effort.”
• “Union avoidance should begin before an election campaign has started.”
• “We craft specialized plans to help businesses legally avoid unionization.”

Source: https://davisgrimmpayne.com/

This does not prove misconduct by EWUA. However, it directly contradicts EWUA’s attempt to dismiss concerns as “simply not true.” The concern is not whether EWUA retained a labor attorney—the concern is whether EWUA is using member funds to retain management-side legal counsel whose stated services include union avoidance and defeating organizing efforts, while refusing transparency regarding cost and scope.

Members have a legitimate right to know the full cost and purpose of legal counsel being retained during union negotiations.

SECTION 6 — “Labor attorney is like hiring a CPA” / “trusted counsel”

EWUA Statement

“no different than… a CPA… recommended by trusted counsel… many legal matters…”

Accountability Notes

EWUA compares management-side labor counsel to a CPA. This comparison is misleading.

A CPA supports compliance and accounting. A labor attorney supports management strategy during collective bargaining, discipline, and union-related disputes.

EWUA’s own IRS Form 990 filings show that legal spending has dramatically increased under the current General Manager:
• 2021: $0 (Paul Kamin, GM)
• 2022: $5,918 (Dan Burke, GM)
• 2023: $101,240 (Dan Burke, GM)
• 2024: $196,793 (Dan Burke, GM)

EWUA’s Form 990 filings also show General Manager compensation increasing:
• 2021: $118,000 salary + $23,000 other compensation
• 2022: $141,000 salary + $7,500 other compensation
• 2023: $137,000 salary + $3,600 other compensation
• 2024: $168,700 salary + $12,650 other compensation

Former GM Paul Kamin’s final salary before retirement (after ~15 years of service) was approximately $108,000.

EXHIBIT B — EWUA Legal Fees & GM Compensation (Form 990 Summary)

EWUA Legal Fees

• 2011–2015: $0
• 2016: $3,395
• 2017: $193
• 2018: $165
• 2019: $0
• 2020: $12,770
• 2021: $0
• 2022: $5,918
• 2023: $101,240
• 2024: $196,793
• 2025: Not yet published

GM Compensation (Dan Burke)

• 2021: $118,000 + $23,000
• 2022: $141,000 + $7,500
• 2023: $137,000 + $3,600
• 2024: $168,700 + $12,650

SECTION 7 — “Good faith / finish line soon”

EWUA Statement

“dedicated towards bargaining in good faith… across the finish line soon.”

Accountability Notes

EWUA repeatedly assures members that negotiations are progressing well and nearing completion, but provides no measurable public information to support these assurances.

Exhibit A documents six bargaining meetings between July 2025 and February 2026, along with significant workplace investigations, discipline, and turnover during the same period.

Good faith is not demonstrated through repeated statements—it is demonstrated through conduct, transparency, and measurable progress.

CLOSING STATEMENT

EWUA’s notice relies heavily on reassurance and broad claims, but provides little measurable information about bargaining progress, legal costs, or workplace impacts.

Members do not need reassurance. Members need transparency: timelines, costs, documentation, and accountability.

CORE QUESTIONS EWUA SHOULD ANSWER PUBLICLY

1. What is the projected completion date for the first union contract?
2. What is the total union-related legal spending since February 2025, and which firms were paid?
3. Has EWUA retained Davis Grimm Payne & Marra and attorney Selena C. Smith for labor negotiations?
4. Why did the union file Unfair Labor Practice charges on May 23, 2025, and what was EWUA’s response?
5. Why have staff reported intimidation, retaliation, and rising discipline since unionization began?
6. Why has staff turnover increased sharply during the bargaining period?
7. Why have EWUA legal fees risen from near zero historically to over $300,000 since Dan Burke has been GM, not including 2025?
8. Will EWUA release Clark Well project financial records as requested by members?
9. Will EWUA provide its Conflict of Interest Policy and explain enforcement?
10. Will EWUA publish the final union contract once signed?