Stop Retaliation: Open Letter to UFCW International
May 21, 2024
Dear President Perrone, Secretary-Treasurer Jones, and Members of the UFCW International Executive Board:
It has come to our attention that retaliatory statements have been made by various representatives of the UFCW in relation to the lawsuit filed by rank and file plaintiffs Kyong Barry and Iris Scott.
We call on you to clarify, for all UFCW officers, staff and members, the rules prohibiting retaliation under the Labor Management and Disclosure Act (LMRDA) and to remind all officers and staff unionwide of every member’s rights to be free from any retaliatory actions or speech.
Retaliation Against UFCW Members & Locals Is Illegal
Retaliation is a blunt use of force aimed at stifling dissent and exercising power over workers. Retaliation is also an attempt to direct attention away from the root causes of the issues being raised.
Should the UFCW insist on maintaining a fortress approach where retaliation is tolerated or encouraged, we at Essential Workers for Democracy are prepared to help the plaintiffs and any members facing retaliation meet the UFCW at every step of a legal process, as we will do in relation to the lawsuit itself. And to be very clear, retaliation is illegal not only when it is against rank and file plaintiffs, but it extends to any member, including staff members or union officers at any level.
Union members and leaders have a protected right not only to free speech and an equal right to vote, but also a right to enforce those rights through legal avenues. 29 U.S.C. 411(a)(4). Further, any trusteeship, which federal law defines broadly as any limitation on the autonomy normally enjoyed by locals and their leaders, made for political reasons would be a violation of law. 29 U.S.C. 462. Retaliation against elected leadership for their protected speech and activity has been recognized by the Supreme Court as especially troubling. Not only is the official “likely to be chilled in the exercise of his own free speech rights, but so are the members who voted for him.” Sheet Metal Workers v. Lynn, 488 U.S. 347, 355 (1989).
We ask that the UFCW International Union leadership share this list of retaliation prohibitions with every member, staff and officer of the union. Also, we ask that UFCW leadership issue an unqualified statement of opposition to retaliation and indicate forthright support of all members asserting their rights in all settings.
Lawsuit Against UFCW Is From Rank & File Members, Not Outsiders
Claims have been made that a lawsuit by member plaintiffs is an “outside attack”. This is an affront to rank and file members who want to see change in their union as they witness big changes in other unions. Members who seek more involvement in their union ought to be welcomed, not shunned.
Claims have also been made that this lawsuit provides fodder for anti-union forces in organizing campaigns. In some ways, this false claim gets to the heart of union democratization efforts. Members of the United Auto Workers just recently won the right to One Member One Vote, then elected Shawn Fain. President Fain led the Stand Up! Strike that won an historic new collective bargaining agreement. Just a few weeks ago, Chattanooga workers voted overwhelmingly to be the first workers in the South–in a manufacturing plant!--to vote to join the UAW. The Chattanooga workers were inspired by the contract victory, by the new UAW President, and by the right of every member to vote for their top officers. There is a direct line in the UAW from union democratizing to union revitalizing to union organizing. So, let’s keep our eyes on the prize. The best way to win more union elections is to train thousands of workers to become organizers, to spend much much more, not less, on organizing. And, as we see increasingly in other unions: when rank and file members have more control over their union governance, unions are more likely to be more democratic, more committed to organizing and more likely to win.
UFCW International Must Fix Democracy Suppression Now
We also urge UFCW leadership to address the underlying democracy issues in the lawsuit now. Barry and Scott v. UFCW asks the court to rule that the UFCW Constitution creates an unequal distribution of rights and powers to members, in violation of the Labor Management Reporting and Disclosure Act, which states that every labor union member shall have equal rights and privileges.
Transparency, Open Dialogue
Instead of trying to censor rank and file members, UFCW could forthrightly open up this members’ rights issue for discussion, inviting in all members, staff and officers, anyone in the UFCW family. Convene an open dialogue or debate. Further, the UFCW could reveal the records from the 2023 International Convention Credentials Committee and delineate exactly how many, and what percentage of, rank and file members participated in their Convention. We believe that at least 60% of the Delegates to the 2023 Convention were not rank and filers, but it would be very helpful for every UFCW member to know the official tallies so they can make their own judgements.
Additionally, the International Executive Board could urge and/or require local unions to take much more proactive steps to encourage rank and file members to run for Delegate positions. Opening up a dialogue within the union about these democracy issues would also make it clear that retaliation is prohibited and the union will not adopt a fortress approach to members seeking to be more involved.
Grow UFCW's Power, Expand Organizing
Also, we ask you to redirect much more monetary resources toward organizing, and to begin training thousands of workers to be organizers. Continuing to lose members while amassing assets and refusing to increase organizing resources imperils the future of UFCW and diminishes the bargaining power of current UFCW members. There is no rationale in which this policy and practice is building power for workers, both organized and unorganized. The UAW experience speaks directly to this. Our union revitalization work is about democracy, but it is not because democracy is some lofty ideal to strive for. Enhanced union democracy directly corresponds to increased organizing for worker power and bargaining for worker power.
Every union leader at all levels has a responsibility to follow their original instincts as worker-leaders: don’t just go along; think critically, debate fiercely and openly about the issues confronting our unions, and genuinely embrace this time when unions are revitalizing and assertively taking steps to grow again.
We look forward to hearing from you about how UFCW International will address these urgent issues.
Sincerely,
Steve Williamson, Executive Director
Essential Workers For Democracy
