Say Delay Is Political
TWU Accused Of Stall on Vacancies

By ARI PAUL

Two officers in Transport Workers Union Local 100's Maintenance of Way Division have been promoted to management posts, prompting some officers and members to demand an election to replace them.

JACK BLAZEJEWICZ: Suspects chicanery.

Michael Nichols, vice chairman in the Structure Division, and Richard Conte, an executive board member from the Line Equipment and Signals Division, left the bargaining unit in April.

Patronage for Toussaint?

A group of chairmen and vice chairmen attended a Maintenance of Way Division meeting on June 7 at NYC Transit headquarters and one member sought an election to fill the vacancy caused by Mr. Conte's elevation. Those present recalled last week that Charles Ayala, the division's acting vice president, called Rick Figueroa, chairman of Local 100's Line Equipment and Signals Division, on speaker phone. Mr. Figueroa, they claimed, said that President Roger Toussaint was delaying an election so that he could eventually appoint someone he favored.

"I started laughing," said Jack Blazejewicz, recording secretary of the Track Division, which is a part of the Maintenance of Way Division. "It was something so typical."

ROGER TOUSSAINT: Is election delay political?

Mr. Figueroa denied making such a statement.

"This is just another way of Rail and Bus candidates advancing themselves politically," he said, referring to individuals who spoke to this newspaper. "It is unfortunate that they cannot put political differences aside."

Mr. Figueroa ran with Rail and Bus United, a slate opposed to Mr. Toussaint's regime, in 2006 but recently became a union staffer to aid the campaign to sign up members to pay dues voluntarily.

Timing Critical

Power Division Chairman Anthony Utano, who was present at the June 7 meeting, stood by his recollection of Mr. Figueroa's statement, adding that Mr. Toussaint was undermining the democratic process.

Local 100 bylaws state that when a vacancy occurs on the executive board or within the division's leadership more than 18 months prior to an election, there must be an election among the division's members within 60 days. If the vacancy happens within the 18-month period prior to an election, the president has the power to appoint a new person. The union's next general election is slated for December of 2009.

TWU Defends Move

Local 100 released an official statement: "If they believe there is a legitimate violation of the bylaws, they should bring a complaint to the TWU Local 100 executive board. The reason they are going to The Chief and not using internal union mechanisms is because they realize there is simply no complaint to be made. Even if they lost the election to the elected body of the union, they cannot ignore that elected body and run the union through newspaper articles in The Chief."

It also said, "Only dues-paying members may vote in union elections. The determination will be made by the end of June as to who has paid their dues and is in good standing."

Mr. Nichols has resigned from his vice chairmanship, sources said, but Mr. Conte has not formally resigned from his executive board position, leaving some question as to whether the 60-day rule applies in his case. Mr. Utano said Mr. Conte's failure to resign was inexcusable and cited a letter from Mr. Toussaint to Private Lines Division members sent last May stating that no member can simultaneously serve as a union officer while in management training.

Structure Division member Greg McDonald wrote a letter to Darlyne Lawson, the union's recording secretary, on May 3 calling for an election to replace Mr. Nichols, but has not received a response.

There are about 1,700 members in the Structure Division and 2,400 members in the Line Equipment and Signals Division.