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THE CHIEF-LEADER welcomes letters from its readers for publication. Letters to the Editor: Toussaint Twists TWU Bylaws
To the Editor:
Letters to the Editor
Contrary to President Roger Toussaint's corrupt belief, our bylaws are clear - vice presidents are elected by members in the division they represent. They are not dictated by a president and an executive board. Toussaint, the so-called reformer, operates on the premise that our union is his personal corporation and he is above the rules which govern us. Denying our Private Bus Lines (PBL) members the right to elect their vice president is wrong, and makes a mockery of our bylaws and union democracy. Back in 2000, along with others, then-Track Division Chairman Toussaint advocated changes to our bylaws to require vice presidents to be elected only by members of their divisions and sections. This way, they would be accountable to members in their divisions - especially when they delivered bad contracts. Prior to 2000, vice presidents were accountable to the president - not members in their department, as they were elected at large on his slate, then, at his discretion, appointed to run their departments. The result was that in 2000, Articles II and IV of the bylaws were amended. Section (1) states, "Each Vice-President shall be elected only by the members of his/her Division(s)." And Section II states, "There shall be seven Local Vice Presidents, one from the following Departments: ... 7. Private Bus Lines." It made history for our PBL members as, for the first time, they would have a VP and the opportunity to elect him/her, instead of being treated as step-children operating with an appointed director accountable to the president. The amendments were subsequently approved by Local 100's membership, TWU International of America, and it was reported to the US. Department of Labor as part of Local 100's year 2000 LM2. But like everything else, Toussaint had a change of heart about the bylaw amendments after being elected president in December 2000. And, instead of printing new bylaw booklets with the amendments - keeping everyone on the same page - he concealed the information, keeping everyone in the dark for easy manipulation and creating the chaos and confusion we see today. Why? Because the new bylaws give vice presidents independence and greater power to run their department consistent with members' expectations - conflicting with now-President Toussaint's scheme to suppress dissent, dictate policy and limit our expectations. The old bylaws mandated that VPs work for the president. It's interesting how some of us walk after being elected with the shoe on a different foot. Further, Local 100 Bylaws VIII Executive Board (a) states, "The Executive Board members shall be elected by and from the members of the respective Divisions," emphasis on the word "elected." There is no ambiguity in the bylaw language - it is concise. Vice presidents who are also voting executive board members are elected by the membership in their division. End of story. Regarding filling a vacancy occurring on the executive board, "Bylaws IX Vacancies (b)" stipulates, "In the event of a vacancy occurring on the executive board more than 18 months before the next election, it shall be filled within 60 days by an election among the members of the Division in which the vacancy occurred." The PBL vacancy occurred about three months into their new three-year term, which is certainly "more than 18 months before the next election," making it obvious an election is warranted within 60 days. And in the interim, consistent with bylaws "IX Vacancies (a)," the executive board is authorized to appoint someone to fill the vacancy over the 60-day period, if it so chooses, ending when members elect their vice president and/or executive board member. "IX Vacancies (a)" is what Toussaint is misusing to support his corruption. But Toussaint's huge appetite for trampling on members' democratic rights and union democracy does not allow him to obey union bylaws holding an election. Why? Because John Day, who would likely win, is not a member of his "yes" clique. Based on The Chief's reporting, we doubt Jimmy Little, the president of TWU International, believes the Local 100 executive board can appoint a vice president to the board for more than 60 days when a vacancy occurs more than 18 months before the next election. Toussaint and Little are aware vice presidents and executive board members are policy-makers governed by Federal laws. Therefore, any permanent appointment of a VP at this time would violate our bylaws and fail the test in court against the Federal Labor Management Reporting and Disclosure Act. In office over six years, Toussaint has abused the majority vote he controls on the executive board to sterilize his corruption. But that does not make his wrong right. If Toussaint goes forward with dictating the next PBL VP, it would be a return to "step-children" status, and a new low for him, as he races us to the bottom with his "Roger's Rules of Order." Therefore, my advice to the entire membership is - turn this negative experience into a positive one; seize this opportunity and pay your dues to prevent further destruction of our union, which Toussaint would love to see happen. Presidents come and go, but our organization must remain to protect us in future. PBL members: you are not alone, and the bylaws are on your side. We support your struggles against the injustice Toussaint and his corrupt board are planning to perpetrate against you. An injury to one is an injury to all. Stay strong!
AINSLEY STEWART, BILL PELLETIER, |
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