Stems From July Fracas
Toussaint on Trial For Member Ban

By ARI PAUL

A trial committee of Transport Workers Union Local 100's executive board held its first hearing Sept. 21 on charges stemming from a scuffle involving Local 100 President Roger Toussaint and Station Agent Joe Pollard.

JOE POLLARD: Taking on Toussaint.

The committee, which adjourned the proceedings after six hours, convened at the union's Upper West Side headquarters to hear charges Mr. Pollard made claiming that he was falsely accused of not paying dues July 26 and forcibly removed from the union's building, as well as charges Mr. Toussaint filed against Mr. Pollard the following day alleging that he had instigated the fight. The union president wants Mr. Pollard's membership to be either revoked or suspended. Mr. Pollard brought his charges against Mr. Toussaint on Aug. 10.

'He Got Loud'

Mr. Pollard was on his way to a division meeting July 26 when Division Chairwoman Jamel Chisolm said that he had not paid his dues. He went into the bathroom, and when he came out, he refused to answer a question from Mr. Toussaint about the matter. Mr. Toussaint alleged that after he told Mr. Pollard he could not attend the meeting, Mr. Pollard "proceeded to become loud and aggressive stepping in a confrontational manner toward myself."

The Chief-Leader/Pat Arnow FIGHTING WRONG BATTLES: Anthony Staley, who unsuccessfully ran against Transport Workers Union Local 100 President Roger Toussaint in last December's election, charged that recently, 'This union has spent more money fighting its own members than for their own members.'

At the trial last week, union staffer Ademola Oyefeso testified that he gave papers to Ms. Chisolm indicating that the Station Agent was in bad standing, Mr. Pollard said. Union staffers also played an edited version of the security video that shows Mr. Pollard coming out of the bathroom and Mr. Toussaint approaching him, according to the Station Agent.

"He was then told by security that he had to exit the building, he then began to scuffle with individuals present including slamming Executive Board Member Kendra Hill into the coat rack," Mr. Toussaint said in his bylaw charges. "When Mr. Pollard reached the lobby of 80 West End Ave. he began throwing the sign post and the other objects he could find in an attempt to break the glass doors before he left."

Mr. Pollard claimed Mr. Toussaint ordered staffers to physically remove him and it was they who started the fight. On an audio recording on Mr. Pollard's video camera, which was in his bag July 26, Mr. Toussaint is heard saying, "Get control of him," and "Out of the building," while Mr. Pollard is heard saying, "I'm just going to my union meeting," and "Touch me. I swear."

Denies Wielding Pole

Mr. Pollard admitted that he grabbed a pole while he was being carried out, but said he dropped it instead of swinging it at his assailants. He countered Mr. Toussaint's allegations by saying that they conflicted substantially with Mr. Toussaint's account in a police report on the incident.

Mr. Toussaint has maintained that Mr. Pollard was a member in bad standing and not allowed to attend the union meeting, even though Mr. Pollard's dues statement from the union showed that he had a credit of more than seven dollars at the time.

The committee heard only the charges against Mr. Pollard, and the hearing adjourned at 11 p.m. The panel did not disclose when it would resume the proceedings.

A half-dozen members gathered with Mr. Pollard in front of the union's headquarters before the hearing. Several others showed up after Mr. Pollard entered the building carrying signs supporting him.

Many of Mr. Pollard's supporters thought the action against him was retribution for his previously demanding transparency regarding the union's finances at a division meeting in June.

"This is a personal thing with Roger," said Station Agent Maurice Jenkins. "This is not about right or wrong. He doesn't like being challenged or questioned. Brother Pollard has done both."

For a past election opponent, Mr. Toussaint's charges against Mr. Pollard were indicative of what he called a "spiteful" administration.

'Union Fighting Members'

"This union has spent more money fighting its own members than for their own members," said Cleaner Anthony Staley, who helped Mr. Pollard prepare his case and ran against Mr. Toussaint last December, when the Local 100 leader gained his third term.

The officers on the trial committee are Dennis Boyd of Rapid Transit Operations, Anthony Vaglica of TA Surface and David Thrower of Rapid Transit Operations. The alternate is Kevin Cadigan of Private Lines.

Because the trial committee is made up of executive board members who ran on Mr. Toussaint's slate in the last election, Mr. Pollard does not believe he is getting an impartial trial, he said. Even though the proceedings involved Mr. Toussaint, the president still gave directions to the committee, according to Mr. Pollard, with the help of attorney Arthur Schwartz. Mr. Pollard said he plans to go through the process and eventually appeal to the TWU International, and if he has to, build a case against Mr. Toussaint in a civil court.

"They are going to make a decision regardless," he said of the local's trial committee a day after the proceedings. "And it's not going to be in my favor. I'm going to still be a dues-paying member, regardless."