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August 22, 2008
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Likely Toussaint Challenger Wants New Bylaws Shelved; Appeals to International TWU

Claiming that a recent referendum on a change to the local union bylaws was improperly administered, likely Transport Workers Union Local 100 presidential candidate John Samuelsen has asked the union's international to overturn a slew of bylaw amendments.

JOHN SAMUELSEN: 'Set improper vote aside.'
Last month Local 100 members approved a set of 16 bylaw changes, including two that would move next year's election from December to June — but with the ballots counted six months after voting is completed — and create a new executive position.

Calls Mail-In Vote Improper

In a letter to TWU of America President James C. Little dated July 28, Track Inspector Samuelsen said the international should not let the results of the referendum stand because it was conducted through a mail-in vote, rather than during a general membership meeting or during section and division meetings. This constituted a violation of Local 100 bylaws, Mr. Samuelsen contended.

The bylaw changes passed by a 2-1 margin, with slightly more than 5,000 members of the nearly 40,000-member local voting. Dissidents campaigned against the changes before the vote, saying that some of the changes were blatant attempts by Local 100 President Roger Toussaint to increase the likelihood of his re-election next year.

"Second, Local 100 allegedly mailed 26,000 ballots," Mr. Samuelsen said in his letter. "This unusual number of ballots coincides with neither the total number of members (nearly 40,000) nor the total of members in good standing (17,000). On what basis were ballots distributed?"

Local 100 spokesmen had previously brushed aside the dissidents' complaints about the bylaw changes, saying that the amendments aimed to make the local "stronger, more effective, and more responsive to its members," but they declined last week to respond to the content of Mr. Samuelsen's letter to Mr. Little.

"These amendments were not democratically or constitutionally enacted," Mr. Samuelsen said. "The Transport Workers Union of America must step in and set this improper vote aside."

Ainsley Stewart, who ran against Mr. Toussaint on a separate slate in 2006, also filed Local 100 bylaw charges against him Aug. 10 regarding the bylaw vote, saying that the referendum "exclude[d] membership input and vote of approval."

Mr. Stewart continued, "His misconduct not only justly spotlights his own corruption — it unjustly paints a negative picture of union democracy in America."


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