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Toussaint's Unlawful Reign

To The Editor:

Roger Toussaint is not Transport Workers Union Local 100 president any longer; his May 11, "Contract Update" letter is a fraud, and his freeloading on our dues must end. Acting President Curtis Tate must address the contract issue and correct the situation regarding holding a free and fair election by removing the unjust and improper "dues-delinquency" barriers— which is a scam.

Toussaint's continued claim, private and public, that he is still Local 100 president is not only a misrepresentation— it is outright fraud. He gave up his $100,000-a-year president's job, effective Dec. 1, 2008, for a salaried director's job at TWU International— which he revealed at a deposition hearing with me—a job that pays about $175,000 a year. Paid by the International, he belongs to them, not us.

To fill the presidential vacancy, in compliance with Local 100 Bylaws III, the executive board designated Tate to "act as President for the unexpired term," officially ending Toussaint's reign and urgency to race Local 100 to the bottom. But Toussaint refuses to withdraw his toxic claws from Local 100—thanks to Tate.

It is against Local 100 bylaws to use members' "dues" money to pay for International directors' expenses. However, as of April 2009, Toussaint still operated members' black and grey SUVs he bought himself when president, and uses our union police parking permit. I would not be surprised to find out he still uses the Local 100 president's credit card for expenses. He's a real hypocritical "free-loader," the name he called members and officers whom he alleged did not pay their dues!

It gets even worse. Based on the January, February and March 2009 issues of the TWU Local 100 Express, dictator Toussaint continues to remain "Editor in Chief" of the publication. It refers to him on multiple pages, some with his photograph, as president, which is pure fraud not just against the membership, and New Yorkers, but the entire labor movement.

Equally important is the fact that union bylaws do not allow for a president and an acting president at the same time—it is one or the other—not both.

We are now faced with typical Toussaint compulsive greed and repression, versus doing the right thing by the membership—and it's not rocket science. In other words, Toussaint abandoned the 39,000 members for a job he believes is better for himself, yet he still claims rights to the old job and unauthorized benefits, which is unprecedented, unbelievably corrupt and parasitic. Toussaint wants to eat his cake and still have it—which is unacceptable.

It is interesting how time has changed Toussaint. In his early years, he whined over former Local 100 President Willie James's pink Cadillac and accused the International of buying "big" shrimp with members' dues money. He delved into another union's business, DC 37, writing in the June 2002 Local 100 Express, "Probably the easiest way to pick union members' pockets is by using credit card accounts. That's what thousands of union members found out in District Council 37 two years ago after leaders of two of the largest locals put trips, clothes, and banquets worth hundreds of thousands of dollars onto their union Amex cards. At the same time, similar patterns of expense account fraud were apparently gong on right here at Local 100. Are we getting the picture about Toussaint? He talks the talk but doesn't walk the walk.

But TWU International silently supports Toussaint's scheme. In a February 2008 letter to this newspaper, TWU International President James Little wrote that despite multiple member complaints against Toussaint's corruption, he was prohibited from reining him in, as it would constitute interference in the internal affairs of a local union—which is prohibited. Therefore, why isn't Little reining in his Director Toussaint today, who is interfering in local union business? Because it is in line with their scheme to suppress dissent, chill free speech and bar the opposition from seeking elected office this June, to allow the incumbent slate which they support to win.

The TWU Constitution and our bylaws, which are contracts between the membership and elected officers— whether or not Toussaint agrees with the language—specify a process to obey before a member can be deemed dues-delinquent, and in bad standing. But Toussaint and his clique fail to obey the process, arbitrarily and improperly deem members in bad standing in line with their election scheme.

Article XIII Section 3 states, "Where for any reason the dues of a member who pays his/her dues by check-off authorization are not checked off by the employer for any month or months, said member shall remain in good standing until thirty days after the mailing to him/her by registered mail of a notice informing him/her of his/her indebtedness," emphasis on "month or months," which Toussaint and now Tate fail to obey.

Instead, just days after the dues due date- not months later, and without any notification—they improperly deem members as dues-delinquent and in bad standing, barring them from office, and from seeking elected office. Most troubling is the fact that even members whose dues were paid, and even overpaid, all were deemed in bad standing.

Barring Tommy McNally, among others, from seeking elected office as late as last week is fraud also. TWU Constitution Article XIX Section 2 limits Tate to 60 days to charge a member. They knew everyone's dues status since they brought false duesdelinquency charges against me in 2007, keeping a hawk's-eye watch since, producing monthly dues-payment status reports and circulating them at work locations. It is now six months since automatic dues checkoff was restored, making their dues charges more than 60 days late, and not just improper, but extremely corrupt. The dues-delinquency scheme for the 2009 elections started in 2007.

Little wanted Toussaint in the International but there was no vacancy. To create the vacancy, after the courtordered automatic dues check-off suspension took effect June 2007, Toussaint gave Little a fabricated memo dated Aug. 23, alleging I was late about a week paying $15.50 dues, and Bill Pelletier was late with about $40 dues, among others—which was a misrepresentation.

On Sept. 12, 2007, Little brought disciplinary charges against us suspending us with immediate effect. Little's kangaroo court, after a secret hearing, found us guilty as charged and removed us from the International Executive Council and executive board, and took away our elected International Vice President titles. In line with their scheme, as predicted, in January 2008, Little gave Toussaint my VP, IEC and board titles, and gave Susan Resch the other VP title for their concerted part in the scheme.

Little ignored the fact that International and Local 100 financial records showed our dues were grossly overpaid by at least $4,080—money Toussaint arbitrarily deducted from each of our Local 100 VP paychecks between June and December 2006, "in lieu of dues check-off elimination." About $100 extra was overcharged for dues in January 2007. Plus, using U.S. Postal Service money orders sent via certified mail, I paid $102 in June for June and July dues; and $99 dues in August for August and September. Pelletier did the same. Bi-weekly dues were $23.50. The $4,080 is part of a Federal lawsuit against Toussaint for withholding about $45,000 in compensation from me—retaliating against me for questioning him for conducting union business in the dark.

Little's charges were not based on a decision from a hearing, after charges and an opportunity to prove our innocence— there were no charges. He based his charges on unfounded "hearsay." Even Toussaint's infamous Local 100 executive board found no merit in his memo, and never charged any of us.

But wait! Didn't Little affirm in February 2008 to The Chief that he could not interfere in local union issues to rein in bully Toussaint? Yes, he did! Therefore, with dues payment a local union issue, what was Little's urgent interest to interfere in the local union matter to improperly charge me? Get the picture—fraud and a clear double standard of treatment in Little's interest—evidence why Toussaint urinates on our bylaws and Little's TWU constitution today with impunity. The rest is history.

Since that time, it became the norm to bring false dues charges against members who seek office, and against elected reps as a way to bar them from office and from seeking elected office; even at this late stage. All done to give Toussaint a large group of loyal delegates and supporters at the 2009 International convention, where Acting President Little will seek election to president, with Toussaint an obvious part of his slate.

Local 100 is the largest local in the International, representing about 30 percent of the delegate body. Little does not have a base to support him other than what Toussaint put together by any means necessary. Little needs Toussaint. Considering Toussaint ran for International president in 2000, just 10 months after being elected Local 100 president—and was defeated—I would not be surprised if he tries a coup against Little on the convention floor and runs for president instead.

Director Toussaint's May 11 "Contract Update" letter is appalling as he has the audacity to still refer to himself as president. In addition his statement, ". . . the political meddling by forces trying to stop us from getting a contract in order to punish Local 100 for our 2005 strike," is evidence and a primary reason he should let go of our union and stop making us a target for others—he is toxic stuff for our contract. Tate needs to step up immediately and take responsibility or quit.

The fact is, a delayed contract that is good is better than a give-back contract today which is bad. I say that to say, if Transit is crying broke, there is nothing wrong with working with the same contract until their financial state improves—as it always does after the contract is signed. At that time we can settle the deal with retroactive pay. Our members have suffered for too long without any real benefit and wage improvements.

The rules of our organization supersede the personal interest of all. And the integrity of the election process must be protected at all cost. Tate must postpone the election, apply the rules, and redress the false dues problems in order to permit a free and fair election. This June general election ballot count is set for the ridiculous December 2009 date under "Roger's," not Robert's, Rules of Order. There is time for corrections. Further, members aren't getting a free ride with dues payment—Director Toussaint can't be allowed a "free-load" on our resources. Local 100 is not his personal corporation. Pay your dues and vote. An injury to one is an injury to all!

AINSLEY STEWART

Editor's note: Mr. Stewart ran for president against Mr. Toussaint in the 2006 TWU Local 100 election.