May Rerun VP Contests
Two TWU Races Still Undecided

By GINGER ADAMS OTIS

The executive board of Transport Workers' Union Local 100 certified last week's election results at a Dec. 21 meeting, making incumbent Roger Toussaint's victory with 45 percent of the vote official.

BARBARA DEINHARDT: Her calls to make.

But Local 100's Election Committee Supervisor, Barbara Deinhardt, added a caveat to her certification recommendation, noting that further investigation into allegations of improper voting at the American Arbitration Association's headquarters was necessary.

As this paper went to press Dec. 22, the fate of two of the seven vice presidential races that will either expand Mr. Toussaint's majority among the top 10 positions or saddle him with unwanted opposition in the union's upper echelon was still unknown.

Car Equipment Pileup

Just a few votes separated the top candidates in Local 100's Car Equipment Division, Nelson Rivera on Mr. Toussaint's One Union slate, and Rail and Bus United's Richie Rivera.

After three hand-counts failed to reveal a clear win for either, Local 100's Election Committee ordered a final recount Dec. 22.

Ms. Deinhardt told the executive board that if neither candidate emerged with at least a two-vote lead, a second election should be held, including the trailing candidates from the Union Democracy and Fresh Start slates.

Also in dispute are six positions ranging from vice president to division recording secretary in the Westchester division of Private Lines.

No Ballots for Many

Ms. Deinhardt told the executive board that she had upheld One Union's challenge to those results. She recommended that a second vote for the vice president and division positions be held for all members of the Westchester division to protect the approximately 700 members who were accidentally disenfranchised through a clerical error.

Rail and Bus United candidate Rod Bailey was initially declared the winner in that race by a less-than 500-vote margin over the One Union candidate, Neil Winberry.

But it was later discovered that more than 700 eligible Westchester voters - about 20 percent of the division's members - didn't get ballots.

The error stemmed from successful organizing efforts made by Local 100 to bring workers at several formerly-private bus companies in suburban locations into the union.

A few days before the Dec. 15 voting deadline, Local 100 was notified that hundreds of voters hadn't received ballots. A team of election supervisors went to the affected depots in Westchester with a ballot box, but soon discovered the problem was too widespread for a simple fix.

Slipped By All Parties

The mailing list generated by Local 100 prior to elections was missing hundreds of names and addresses, but none of the slates' representatives realized it when they inspected the sheet.

Eligible Local 100 members in the Queens section of Private Lines got their ballots in a timely fashion. Those members will not have to vote again. The results will be added into whatever numbers come out of the Westchester depots.

Initial election results showed Mr. Toussaint's One Union slate won the vice president seats in TA Surface, Rapid Transit Operations and Stations.

Rail and Bus United won the vice presidents seats in Maintenance of Way, Manhattan and Bronx Surface Transit Operating Authority and - for now - Private Lines.

Mr. Toussaint has a majority already because of the positions that he and Secretary-Treasurer Ed Watt and Recording Secretary Darlyne Lawson hold in the top 10. But gaining the Car Equipment seat - and possibly that of Private Lines - would help consolidate his power from the top down.

Ms. Deinhardt in her report indicated that the majority of the union's members were able to vote without impediment.

But a lawyer for Rail and Bus United filed a protest Dec. 19 alleging that some Local 100 members went to AAA's midtown headquarters the day before voting closed to request and fill out ballots, which is not allowed under union voting rules.

Ms. Deinhardt said she was able to find two Local 100 members who "spoke credibly" about going to AAA's headquarters for ballots, although company spokesman Jeff Zaino denied the incident. Ms. Deinhardt said she was unable to further clarify the claims because many AAA employees were not available because of the holidays.

One hundred and twenty protests to election results and procedures were filed. Ms. Deinhardt issued decisions on 70 of them. The rest were either "remedial" or would not have changed voting outcomes. Approximately 18 of her decisions were appealed to the International Transport Workers' Union Appeals Committee, which upheld her rulings in all instances.