A federal judge in Baltimore today denied sanitation worker Stancil McNair’s bid to halt tomorrow’s rerun of the Local 44 leadership election, rejecting McNair’s argument that the August election – in which he won the union leadership presidency – had been improperly invalidated.

After a roughly two-hour hearing, U.S. District Judge Adam B. Abelson sided with union officials, upholding an AFSCME  judicial panel’s October ruling calling for a do-over of the first election.

The panel’s ruling “did not display bad faith or arbitrariness,” Abelson said, also explaining that he was following precedent by deferring to AFSCME’s interpretation of the rules under its constitution.

“State and federal courts have expressed reluctance to get involved in unincorporated membership organizations,” allowing them wide latitude “to adjudicate their own matters,” Abelson said, denying the request by McNair and five other union members for a temporary restraining order to stop the second election.

A key issue was the union’s contention that Baltimore Inspector General Isabel Mercedes Cumming had interfered in internal union affairs by posting social media tweets about the election. Today Abelson and McNair’s attorney, Thiru Vignarajah, sparred over it.

Vignarajah argued the judicial panel was wrong to call Cumming’s tweets, made from her personal Twitter account, “employer interference.”

“An employer is someone who can fire, hire, promote. She can’t do any of those things,” Vignarajah said.

“She’s a city official who exercises some degree of influence,” Abelson shot back.

Cumming, whose mandate is to act as a city government waste, fraud and abuse watchdog, can only investigate, Vignarajah said, “she can’t make anyone do anything.”

Is Cumming not “an influential person?” Abelson demanded, to which Vignarajah replied, “She’s one of many influential people in Baltimore.”

“Not just in Baltimore – in Baltimore city government,” the judge responded.

“A Serious Matter”

On the advice of his lawyer, McNair was subdued after the ruling.

“I respect the judge’s wishes,” he said outside the courthouse, urging fellow Local 44 members to come out and vote.

(As with the August election, this one will be held at union hall at 1410 Bush Street between 10 a.m. and 2 p.m.)

“This is a very serious matter,” McNair declared. “We need to let our voices be heard. Nobody needs to hide or be scared. Come on out and vote. It’s time for a change.”

McNair has been an outspoken crusader for change on behalf of fellow workers who collect trash and recycling as employees at the Department of Public Works’ Bureau of Solid Waste, Vignarajah pointed out today.

• Solid waste workers point a finger at their union for not protecting them from low pay and hazardous conditions (4/14/25)

• Insurgent says he won AFSCME Local 44 presidency (8/23/25)

• Mayor Scott denies trying to influence the upcoming Local 44 election (11/25/25)

• BREW SPECIAL SERIES: Unsafe conditions for city workers

“He was the one telling people about the conditions inside the city when the Inspector General was trying to sound the alarm as well,” Vignarajah said, referring to complaints about years of low pay, unsafe workplace conditions and abusive supervisors that Cumming has chronicled in a series of reports.

“He was the one fighting for Ronnie Silver’s family long before there was an election on the horizon,” Vignarajah said, referring to solid waste worker Ronald Silver, who died on the job of heat exhaustion in 2024.

“Cloud over leadership”

As for what legal action McNair might take, should he lose tomorrow’s election, he and his lawyer wouldn’t say.

“What we’re expecting is that Mr. McNair is going to be celebrating his second victory,” Vignarajah said.

But another party at today’s hearing had strong views about that scenario, attorney Tonya Baña.

Representing the Local 44 election committee, which she described as volunteer city employees with day jobs, Baña said her clients believe tomorrow’s election should not be held.

Pausing the election so that McNair’s claims could be reviewed, she said, would clear up confusion and mistrust that has swirled around Local 44 ever since the August results were thrown out.

Even though McNair was sworn in as president, “he’s not been operating the day-to-day operations of the union,” Baña asserted, noting that Trevor Taylor, “the local’s outgoing vice president is, as I understand it, conducting the affairs of this union.”

“My clients don’t have any skin in the game. They just don’t want to be in a position of having a cloud over leadership,” she continued. “There is a perception that the outgoing leadership tried to up-end that election.”

“There is a perception that the outgoing leadership tried to up-end that election”  – attorney Tonya Baña.

The rank-and-file believe the previous election committee, appointed by the outgoing leadership, failed to follow proper procedure in ordering the new election, said Baña.

“From the perspective of members, all of it is tainted,” she declared, concluding remarks that prompted frowns and grimaces from the lawyer for AFSCME Council 3, David Gray Wright.

An emailed statement from AFSCME sent out after the hearing appeared aimed at responding to what Baña had said.

“Stancil McNair, president of Local 44, is responsible for running the local and ensuring that an election committee is selected to oversee union elections,” the statement said, going on to describe what it said was his role in preparation for the new election.

McNair could not be reached this evening for comment.

The AFSCME statement was sent on behalf of Maryland Council 3 by the D.C.-based communications firm NP Agency.