Toussaint Off Local 100 Payroll But Still Runs Union's Operations

ROGER TOUSSAINT: Off payroll but still in charge?

Transport Workers Union Local 100 President Roger Toussaint has testified that he has gone off its payroll and is already on the full-time staff at its International union, even while continuing to control the local's operation.

The situation, which he acknowledged in a court deposition last month, is an apparent violation of Local 100 bylaws, which state, "In the event that a vacancy occurs in the office of the president, the executive board shall designate one of the officers to act as president for the unexpired term" and provide—according to one former international officer—that locals should operate without interference from international officers.

'Not Salaried by Local 100'

In a deposition dated April 15 for a Federal lawsuit against Local 100 by Ainsley Stewart concerning problems with his payments when he was a union officer, attorney Louie Nikolaidis asked Mr. Toussaint what his title was. Mr. Toussaint replied, "I'm not salaried by Local 100 anymore," and stated that his current vice presidency at the TWU of America was a full-time job.

AINSLEY STEWART: 'Can't supersede local's leader.'

Last November, Mr. Toussaint told members that he had taken on duties at the TWU of America, and that Curtis Tate—who is running for president in next week's election—would be acting president. He said he would maintain some local duties, most notably negotiating the wage contract that is now in arbitration, until his term expired this December.

But even as Mr. Toussaint has gone off Local 100's payroll and become a full-time international officer, he has operated as the local's leader, speaking in that capacity at a rally against possible lay-offs at the Metropolitan Transportation Authority last month, earlier discussing the agency's budget problems with reporters at City Hall, and May 11 sending a dispatch to Local 100 members updating them on the arbitration process.

"It's not just a violation, it's outright fraud," said Mr. Stewart, who ran against Mr. Toussaint in the 2006 election.

Mr. Stewart noted that the rules of TWU of America forbid international officers from running the affairs of the union unless there is a reasonable threat of corruption within the local. He added that TWU of American President James C. Little has responded in the past that he could not interfere in Local 100 procedures because they maintain autonomy under the union's constitution. In a letter published in the Feb. 1, 2008 issue of this newspaper, Mr. Little stated that unless local officers violated the TWU of America constitution, he had "no license to 'assert [my] authority' '' over Local 100's operation.

"He could work together with the local on the invite of the local, but he can't supersede the local," Mr. Stewart said of Mr. Toussaint as a full-time international officer.

Union attorney Arthur Schwartz could not be reached for comment. Spokesmen for the local did not respond to requests for comment.