Federal Judge Orders UFCW to Respond to Member Lawsuit for Fair Voting Rights
In April 2024, EW4D supported two rank and file members of the UFCW, Kyong Barry and Iris Scott, in filing a lawsuit in Federal Court. The lawsuit argues that the longstanding system of delegate apportionment to the UFCW International Convention is unfair and violates members’ rights. Now, the lawsuit is moving forward.
Kyong Barry (UFCW Local 3000) and Iris Scott (UFCW Local 1459)
The delegate system, which gives some local unions disproportionate voting power over others at the convention, dilutes the votes of workers from the largest and smallest locals in the union.
The UFCW International Union responded by filing a Motion to Dismiss the lawsuit.
In February 2025, the judge allowed Kyong and Iris's claim regarding the delegate apportionment system to go forward. The judge asked the UFCW to respond to the lawsuit’s core claim that the current UFCW delegate apportionment procedure is unfair. The UFCW’s arguments, thus far, are not convincing enough to throw out the suit.
The judge has allowed our unequal apportionment claim to move forward, and the attorneys are moving forward towards discovery. The judge says that Iris and Kyong have plausibly alleged harm done to UFCW members by the current delegate system.
In discovery, the attorneys will put forward questions that the UFCW must answer about their past practices. The attorneys for Kyong and Iris may be able to depose UFCW International Union officers. After discovery occurs and the UFCW responds, the judge will evaluate the UFCW’s response to the new evidence from discovery, and the members’ attorneys’ response.
Union members are protected by a law called the LMRDA. The LMRDA includes a Bill of Rights for union members. Section 1 of the bill of rights says that union members should have equal rights and privileges to nominate candidates, to vote in union elections, to attend membership meetings and to participate in voting at those meetings.
EW4D is committed to building a more democratic and more powerful union that is governed by the members. When members are involved and empowered, our union is stronger. If our lawsuit is successful, it could help transform not only the UFCW but many other international unions that organize delegate elections in a similar way.
