A second election, proposed to be held by a union representing Baltimore laborers, has been put on hold until a judicial panel can investigate challenges filed by the two candidates for president.
Earlier this month, an internal election committee for AFSCME Local 44 ordered a rerun of an Aug. 24 election, citing a complaint filed by candidate Trevor Taylor that alleged non-dues-paying members of the union were allowed to participate.
Additional complaints filed by Taylor alleged that Inspector General Isabel Mercedes Cumming interfered with the election, improperly “colluding” with his opponent through her social media posts before the election.
The election board referred complaints related to Cumming to AFSCME’s international judicial panel.
As the new election date approached on Oct. 4, Taylor’s opponent, Stancil McNair, filed his own challenge along with a slate of candidates who ran with him. McNair, now represented by past mayoral candidate Thiru Vignarajah, asked the judicial panel to call off the new election.
This week, the panel responded, issuing a letter suspending the election until an investigation can be completed.
“I agree that in these circumstances a stay of any election is warranted,” wrote Carla Insinga, the panel’s chair.
An online hearing on the issue before the panel has been set for Oct. 9.
In a 54-page filing submitted earlier this month, McNair argued that Taylor did not follow proper procedure in challenging ballots that he believed should not have been counted. McNair also contended that he was not given proper notice and an opportunity to be heard after the challenge to the election was filed.
Also discussed were the inspector general’s tweets in advance of the union election. In the week prior, Cumming tweeted “Kudos to @BaltimoreDPW worker Stancil McNair who is running for president of the AFSCME union.” “Dream Team,” read an attached graphic. “VOTE Stancil McNair (President).”
Several labor law experts believed the tweets to be inappropriate and a potential violation of city labor law because Cumming, in their eyes, is an employer. Cumming oversees a staff of city employees funded by the city budget.
In the filing, Vignarajah, McNair’s attorney, argued Cumming is not a manager because she does not employ any members of AFSCME Local 44.
AFSCME Local 44 represents blue-collar workers of the Baltimore Department of Public Works, Department of Transportation and the Department of General Services.
“Ms. Cumming is no doubt well-known and well-respected for the important work she does in Baltimore City, but that does not alter the structure or legal status of her office and it does not transform the inspector general into a superior, employer or management of any AFSCME union worker,” he argued.
Cumming has steadfastly defended herself, arguing her posts were meant to encourage union members to participate in the election, not promote a particular candidate.
Amid heightened media coverage of the union election, both Taylor and McNair have since been barred from speaking to reporters.
A spokeswoman for AFSCME Maryland Council 3 issued a statement Friday saying anyone outside union membership is “not entitled to receive direct communications” regarding the election or other union matters.
“Any individuals not in our union or external groups, including but not limited to the City of Baltimore and the Office of the Inspector General, have no business using their authority — especially as an extension of management — to coerce, dominate, intimidate, or interfere with the organizing and union activity of our union, which is a private membership organization," the group said.
Vignarajah, speaking on behalf of McNair, called the decision to suspend the new election a “welcome step in the right direction.”
“Given the clear facts and governing law from the union itself, it seems clear that the original election was valid, and it would be improper to hold a new one,” he said. “We are optimistic that the judicial panel upon receiving the information and evidence will come to the same conclusion.”
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