Disputes Continue Over Dues Disqualifications In Local 100 Election

JOHN FERRETTI: Says he was victimized twice.

With ballots set to go out in the Transport Workers Union Local 100 election June 2, candidates challenging the incumbent slate are still appealing election committee decisions disqualifying them for alleged dues delinquencies over the past year.

Some dissident members have had some success. Bus Operator Tommy McNally, who is running on the Take Back Our Union slate, had been removed for allegedly falling behind in his dues earlier this month, but the election committee reinstated him when he was able to provide copies of checks that were dated by the 15th of each month, which is the payment deadline. The committee reversed its decision the next day, putting him off the ballot, but last week it reinstated him again.

Stolen Wallet Delayed Payments

Conductor John Ferretti, who is running for an executive board seat on the Revolutionary Transit Worker slate, had also been removed. Mr. Ferretti was enrolled in an on-line program where the union deducted his dues automatically from his checking account, but his wallet containing his debit card was stolen in June 2008. He had to switch cards, which caused a delay in the system to make the transfer. He contacted the union about it, and officials there assured him that this delay would not place him in arrears.

CURTIS TATE: Appears debate shy.

That changed this month when the election committee found that this constituted a failure to pay dues on time. But neutral monitor Daniel Silverman ruled that Mr. Ferretti had to be reinstated, saying that since he was enrolled in an automatic deduction program, the onus was on the union to make transfers in a timely fashion.

"In Mr. Ferretti's case, he was in fact enrolled in an automatic payment program and had signed an appropriate authorization on the date the payment should have been made by his bank," Mr. Silverman said in his written decision. "He had changed the card number, but he was still enrolled. The requisite payment for June dues was in fact made in June. I find that he should be treated the same as other members enrolled in automatic deduction and should not be treated as if his good standing was interrupted."

Denied a Hearing on Day Off

While relieved to be back on the ballot, Mr. Ferretti said he believed that the process was unfair. His hearing to appeal the election committee's decision to disqualify him was held on a Monday, when he was scheduled to work. He asked that it be moved to a Tuesday or Wednesday—his regular days off—but to no avail.

"The Spanish Inquisition here, they don't even want you to be able to defend yourself," Mr. Ferretti said.

Election committee attorney Arthur Schwartz has maintained that even candidates on the incumbent United Invincible slate have been ejected over slips in dues payments, but some candidates still believe that the rules are being applied disparately.

Local 100 Bus Operators Chair in the TA Surface Division, J.P. Patafio, who until earlier this year was a loyalist of former President Roger Toussaint but is running for vice president as an independent in his division, has filed an election protest saying that several UI candidates in his division failed to maintain continuous good standing in the last year.

'Just Want a Fair Election'

"There were six people that we feel there was a mistake made," Mr. Patafio said. "We're asking the neutral monitor to look into it and either verify or not verify what we believe is a mistake. What we want is a fair election. Everyone gets the same rules."

During this campaign season, UI presidential candidate Curtis Tate has not engaged in a public debate with TBOU slate leader John Samuelsen— four presidential candidates, including Mr. Toussaint, participated in one in 2006. His slate via its blog has accused TBOU members of not being able to run the union because they allegedly fell behind on dues payments.