A union election overturned due to interference by Baltimore’s inspector general has been rerun with the same victor.
Stancil McNair, a city sanitation worker, prevailed in the election last week to lead Local 44 of the American Federation of State, County and Municipal Employees. The local represents many Baltimore laborers, including sanitation workers.
McNair beat opponent Trevor Taylor, a fellow employee of the Department of Public Works and the past vice president of the union local, in the contest for union president, according to a memo circulated to union members Monday.
The election, a private race voted on only by union members, attracted public scrutiny due to a series of social media posts from Inspector General Isabel Mercedes Cumming. Cumming, who has investigated workplace conditions in the city’s Department of Public Works, posted repeatedly on social media over the last year about employees of the department, including McNair.
Ahead of the August election for union officers, Cumming tweeted: “Kudos to @BaltimoreDPW worker Stancil McNair who is running for president of the AFSCME union.”
“DREAM TEAM ... VOTE [STANCIL] MCNAIR,” read a graphic attached to the tweet.
The Baltimore Banner reported that labor law experts found the tweets “inappropriate” and said they may have violated a Baltimore code that bars employers from “interfering with, restraining or coercing” union activity. City ethics officials found that the tweets did not violate city ethics law.
Taylor contested the results following the election, citing improper election procedure and the social media posts as grounds for the election to be overturned. McNair countered with his own challenge demanding the election results stand.
In November, the dispute was heard by a 10-member judicial panel that oversees legal issues for AFSCME on an international basis. That group ruled that Cumming’s tweets did constitute interference and called for the election to be rerun. An appeal to the decision was unsuccessful.
Union members cast their votes Saturday. McNair bested Taylor by 28 votes. In the first election, McNair won by a 25-vote margin.
A runoff election will be held Dec. 20 for vice president because the margin of the Dec. 6 vote was narrow, according to the employee memo.
The result came just days after McNair filed a federal lawsuit in an effort to halt the second election. The judicial panel, McNair’s attorney Thiru Vignarajah argued, failed to allow McNair to be heard and erred when it ruled that Cumming interfered.
On Friday, a judge dismissed a request for an injunction. The lawsuit, however, remains active.
Vignarajah said Monday that McNair was “overjoyed” to be validated by his coworkers.
“They’ve known Stancil as a voice for them long before there were elections or election controversies,” Vignarajah said. “It was refreshing to see those kind of distractions, if anything, only reinforced their commitment to the kind of change Stancil will bring.”
Vignarajah said the election outcome likely makes the lawsuit moot, but he said he will talk to his clients, which include others who ran on a slate with McNair, before deciding how to proceed.
Taylor declined to comment.



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