Longtime party backer is suing federal NDP
Geraldine McMullen wants an explanation regarding the refusal to allow her seek to Hamilton Mountain nomination in the 2021 election
It was a matter that left some Mountain political observers puzzled.
Why didn’t longtime New Democratic Party supporter Geraldine McMullen seek the federal NDP nomination in the riding of Hamilton Mountain in the September 2021 federal election?
It turns out that McMullen would also like to know the answer to that question.
McMullen has filed suit against the New Democratic Party of Canada in the Ontario Superior Court of Justice seeking to know why she was not permitted to seek the party’s nomination after submitting her prospective candidate package to the party in March 2021.
According to the affidavit of service, a copy of which has been obtained by Hamilton Community News, the NDP was served with the statement of claim on May 17. Along with an explanation, McMullen is seeking $150,000 in damages and $50,000 in aggravated damages.
The suit, which has not been proven in court, states McMullen learned about seven weeks later that her application was going to be rejected and that she emailed NDP national director Anne McGrath seeking the reason for the rejection.
“Neither Ms. McGrath nor anyone for the NDP responded to this email,” the statement of claim states.
McMullen also emailed the NDP’s candidate search department for an explanation, but the suit notes there was no response.
On April 24, 2021, the statement of claim states McMullen delivered her written appeal to the NDP in accordance with party rules.
“Despite again raising her concerns about the opacity of the NDP’s decision to deny her nomination application, Ms. McMullen never received a clear and comprehensible explanation for why the NDP had rejected her candidacy — despite the contractual requirement for the NDP to do so,” the statement of claim says.
Without a clear and comprehensible reason for the decision, the statement of claim states McMullen was left to “reasonably conclude that the NDP rejected her candidacy not because of any legitimate concerns ... but because of an employment grievance she had previously brought against the Ontario NDP and its then leader.”
The Ontario NDP leader at the time was Andrea Horwath, now mayor of Hamilton.
McMullen, who did not wish to comment on the details of the suit, said she started working in Horwat h ’s Hamil t o n Cent r e constituency office in December 2011 and was terminated in June 2012.
A member of the Canadian Office and Professional Employees Union (COPE) Local 343, McMullen grieved her dismissal, and according to the Jan. 25, 2016, minutes of the settlement obtained by Hamilton Community News, she was reinstated as an outreach officer for the Ontario NDP caucus.
The minutes of settlement also indicate some possible friction between McMullen and Horwath.
“In the event that Andrea Horvath (sic) no longer holds the seat, if the NDP continues to hold the seat, Geraldine McMullen shall have the option to return to the position of full-time Constituency Assistant in that riding,” the minutes state.
McMullen is now a full-time staff rep for COPE Local 343.
“The NDP works hard to recruit a wide range of diverse candidates to represent Canadians from coastto-coast-to-coast who share our party’s values and principles,” said McGrath in a statement to Hamilton Community News.
“Like other major political parties, we reserve the right to refuse candidates we deem unsuitable.”
Caroline Gdyczynski, Horwath’s communications adviser, said the mayor does not wish to comment on the matter.
The federal NDP has not yet commented on the claim.