Members to Vote
Barred Candidate's Appeal Due at '372'

By MEREDITH KOLODNER

The fate of an opposition candidate removed from a District Council 37 Local 372 ballot will be decided by a vote at a Dec. 12 membership meeting.

TONY FERINA: Can make case to members.

Tony Ferina was disqualified from running for the executive board after the union ruled that the person who had nominated him was not a member in good standing. He filed a protest with the election committee, which will make a recommendation to the membership body. Either party can appeal the members' vote to DC 37's parent union, the American Federation of State, County and Municipal Employees.

'Have to Be Heard'

"I believe the membership should to be entitled to make a decision, but they have to hear both sides," said Mr. Ferina, who ran previously on a slate opposing President Veronica Montgomery-Costa. "If Costa doesn't let me speak or turns off my microphone like she has before, then all the facts won't come out."

The meeting will be held at DC 37's lower Manhattan headquarters. Calls to Ms. Montgomery-Costa were not returned.

Once an election protest is filed, a local has 30 days to come up with a decision, according to AFSCME bylaws. The decision must be put to a membership vote within 40 days. At that time, the bylaws mandate that "all interested parties must be afforded an opportunity to be heard." Either side can appeal the membership decision within 10 days to the AFSCME Judicial Panel.

If the election committee does not put its decision to a membership vote within 40 days, the aggrieved party has the right to appeal directly to AFSCME.

After an appeal is filed, the AFSCME panel must schedule a hearing with sufficient notice to any interested parties and hand down a decision within 40 days of receiving the appeal.

Mr. Ferina was running to be the chapter chair for the local's 14,000 School Aides. The chair also sits on the executive board. The union has not yet released the results of the Nov. 13 election, but sources said that the two remaining candidates tied by a count of 12 to 12, with a total of 27 votes cast and three contested ballots.

Mr. Ferina received a letter about 10 days before the Nov. 13 election stating that he was disqualified from running because Belinda Boyd, who nominated him, was not in good standing. Ms. Boyd believed herself to be an up-to-date member for seven years since she carried an AFSCME card, attended union meetings and voted in the 2005 union election. Mr. Ferina could have nominated himself.