United Auto Workers President Shawn Fain and other union leaders are under investigation for allegations of retaliation and financial misconduct, an independent monitor detailed in a report, saying the union has "slow-rolled" access to documents for the probe.

UAW President Faces Probe Over Retaliation Claims :  Independent Monitor's Report

Monitor Neil Barofsky issued the ninth status report from Michigan federal court Monday, stemming from a consent decree over the UAW's corruption scandal with Fiat Chrysler. Barofsky, a partner at Jenner & Block LLP, said the UAW has recently been uncooperative in his investigations into alleged financial misconduct and retaliation by union leaders.

"The monitor has attempted for months to garner the union's cooperation in gathering the information needed to conduct a full investigation, but the union has effectively slow-rolled the monitor's access to requested documents," the report stated.

Allegations Against UAW Leaders

The monitor launched a probe into claims involving Fain and UAW's Secretary-Treasurer Margaret Mock. According to the report, the union's International Executive Board "passed a motion" that supported Fain in stripping Mock of her field assignments and implementing certain policy changes. These actions were in response to allegations that Mock had engaged in misconduct during her financial oversight responsibilities.

Mock alleged that this stripping of her power was retaliatory after "her refusal or reluctance to authorize certain expenditures of funds at the request of and/or for the benefit of those in the president's office," the report noted.

UAW President Faces Probe Over Retaliation Claims : Retaliation and Financial Misconduct

The investigation also included claims that Fain retaliated against a UAW vice president by removing the vice president's oversight of the Stellantis department. The vice president and some union staff claimed that Fain took these actions because the vice president wouldn't "engage in acts of financial misconduct to benefit others," according to the report. Additionally, the monitor is probing allegations of a union regional director's embezzlement.

Union's Response to Document Requests

The UAW "has justified its delays by advancing arguments about privilege," the monitor said, explaining that the Department of Justice and the monitor have previously contested these claims.

"The union's arguments for delaying, and potentially denying, the monitor's access to documents marks a shift in its position on cooperation," the monitor stated.

Fain released a memorandum committing the union to providing the monitor with requested information and assuring that the "monitor will protect all available privileges," according to the report.

The monitor emphasized that the UAW's stalling on the production of documents "is obstructing and interfering with his access to information needed for his investigative work, and, if left unaddressed, is an apparent violation of the consent decree."

UAW President Faces Probe Over Retaliation Claims : Future Actions and Statements

The monitor expressed hope that the UAW would "return to its previously collaborative posture" but mentioned the option to ask the court for enforcement of the consent decree.

In a statement to Law360 on Tuesday, Fain said, "We encourage the monitor to investigate whatever claims are brought to their office, because we know what they'll find: a UAW leadership committed to serving the membership and running a democratic union."

Representatives of the Department of Justice and the monitor did not immediately respond to requests for comment.

Background and Current Efforts

The monitor also oversaw the UAW's leadership elections, including the vote in favor of Fain becoming the president of the international union. Fain ran on a reformist slate of candidates following the UAW's corruption scandal, where the Department of Justice accused Fiat Chrysler executives of bribing UAW officials for concessions in negotiations.

Since taking office, Fain has led the union in negotiations with Ford, General Motors, and Stellantis, achieving new contracts with higher wages and other gains at all three automakers.

After securing these contracts, the UAW announced an organizing effort at nonunion automakers. As part of this campaign, the UAW won a representation election at a Volkswagen plant in Chattanooga, Tennessee but lost elections at two Mercedes-Benz plants in Alabama.

The UAW is represented by Harold Gurewitz of Gurewitz & Raben PLC and in-house by Carlos Bermudez. The U.S. is represented by Erin Shaw and John Neal of the U.S. Department of Justice. The monitor is represented by Michael W. Ross of Jenner & Block LLP.