Candidate Wants Rerun
Say Unsent Ballots Marred TWU Vote

By ARI PAUL

A Metropolitan Transportation Authority Bus Operator who lost a race for a Transport Workers Union Local 100 office is challenging the results of the election, claiming that it was tainted by irregularities.

The Chief-Leader/Michael O'Kane JOHN DAY: 'Chances impaired.'

Bus Operator John Day lost the race for Queens vice chairman of Local 100's Private Lines Division Dec. 5, but he claimed that workers from his home depot, College Point, did not receive ballots. Hector Comrie, a worker based at the Baisley Park Depot, won the election, according to a division official.

'Hundreds Withheld'

"Dozens, if not hundreds of ballots were withheld from Queens Division members in good standing," Mr. Day said in his protest letter. "By not sending ballots to these members, the election committee seriously impaired my chances of succeeding in this election."

He demanded that those members be given ballots and that their votes count towards this election.

One Bus Operator there claimed that the union had lost track of his account information on the union's Web site for dues payment, leading officials to put him out of the good-standing category even though he had paid his dues on time.

"I just think they're incompetent," he said of the Local 100 staffers handling dues collection. "I don't think that anything was done intentionally to steer me away from voting."

Sees a Conspiracy

But another Bus Operator there who did not receive a ballot, Anthony DiTommaso, demanded that the election be redone and suggested that Local 100 deliberately kept College Point Depot members out of the vote because its leadership knew those workers would support Mr. Day, who is not aligned with Local 100 President Roger Toussaint.

"They don't want John there," he said. "He'll stick up for us. They don't want that." Local 100 spokesmen did not respond to requests for comment.

The vice chairman vacancy was created when Mr. Toussaint appointed Enzo Sinnona Private Lines Division vice president in August. Mr. Day had run unsuccessfully for that position on the dissident Fresh Start slate in December 2006. He lost to Rod Bailey of the rival Rail and Bus slate, who vacated the position in April when he was promoted to a management position. The union's Private Lines Division represents workers in several private companies as well as in MTA Bus.