Cite Angry Confrontation
Claim Toussaint Allies Use Intimidation in Bylaw Vote

By ARI PAUL

Signal Maintainer Kevin Hernandez was about to start his regular tour the morning of June 18 at the Dyckman St. station on the 1 line in the Inwood section of Manhattan when he and two of his fellow union members got a visit from six Transport Workers Union Local 100 reps.

ROGER TOUSSAINT: Tactics ruffle feathers.

Joined by Signal Maintainer Victor Baez and division Recording Secretary John Chiarello inside the station's quarters, he was encircled by the group, led by staffer Leroy Jardim, and for 30 minutes was berated about the union-wide vote on proposed bylaw changes, he said.

'Attacked How We Voted'

"They came in and they just began attacking; attacking how we voted," Mr. Hernandez said. "I said, 'It's supposed to be a secret ballot.'''

Local 100 members are voting this month to ratify several changes to the union bylaws, including moving up the 2009 election from December to June, creating a fourth leadership position, and putting tighter restrictions on officers doing fund-raising on the job.

The Chief-Leader/Eric Weiss VICTIMS OF A 'GOON SQUAD'?: Signal Maintainer Kevin Hernandez, center, claims six Transport Workers Union Local 100 reps and staffers tried to intimidate him and accused him of hurting the union by voting against proposed bylaw changes. He countered by saying his vote was secret. Joining him are Signal Maintainers John Chiarello, right, and Victor Baez.

Mr. Chiarello, a dissident who ran in 2006 on the now-defunct Rail and Bus slate, has encouraged members to vote against the bylaw changes. He is also running for an executive board position for the Line Equipment and Signal division.

"They started inferring that he didn't know what he was talking about, that he was feeding false information to everybody," Mr. Hernandez said. "They said I was against the union."

Along with Mr. Jardim, Mr. Chiarello identified other staffers and reps in the group, including Gil Bobe; Rick Figueroa, chairman of Local 100's Line Equipment and Signals Division; and Eli Harris, who is running for division vice chair.

Several union members have voiced opposition to some of the bylaw changes, saying that the proposals to move the date of the next election from December to June 2009 and to give the union leadership more oversight on officers doing fund-raising were attempts by the current administration to consolidate power.

'Unprofessional'

Another group of union reps allegedly approached Signal Maintainer Pete Kelson at the station after 4 p.m. He said that the group was hostile towards him regarding the bylaw vote, adding that he took particular offense that Mr. Figueroa called him "papi" and said he was uninformed about division issues.

"The way that they came at me was unprofessional and confrontational," he said.

Mr. Kelson believed the members at the station were singled out because Mr. Chiarello is a vocal opponent of Mr. Toussaint.

"Coming into [Mr. Chiarello's] backyard so to speak and approaching the members here, I think that may have something to do with it, like score a win in his own backyard and influence our point of view," he said.

He added he has not voted on the bylaw amendments yet, and said that the reps spoke of them as if there were to be voted on as a package, not individual proposals.

Felt Menaced

Mr. Baez said that although the group did not threaten physical harm against the three, he had felt menaced because the reps were acting angrily and had encircled them.

A Local 100 spokesman declined to comment on the incidents, but countered allegations that an early election with delayed ballot-counting would risk irregularities, noting the American Arbitration Association would oversee the process if members approve the bylaw proposal.

Mr. Hernandez drafted a letter last week to Local 100 President Roger Toussaint complaining about the incident.

"Why such an overwhelming force?" Mr. Chiarello asked. "That's how we're spending our union resources? Sending goon squads on us?"