About the UAW Monitor

About the UAW Monitor

On May 12, 2021, the United States District Court for the Eastern District of Michigan appointed Neil M. Barofsky of Jenner & Block LLP as the independent Monitor of the UAW, pursuant to the Consent Decree entered into by the United States and the UAW in United States v. International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, No. 20-cv-13293 (E.D. Mich.).

The UAW Monitor is independent of each of the parties to the Consent Decree.  The Monitor reports only to the District Court.  The Monitor’s authority and duties are established by, and set forth in, the Consent Decree.  The most recent version of the Consent Decree can be downloaded here.

Under the Consent Decree, the Monitor has the authority and duty to remove fraud, corruption, illegal behavior, dishonesty, and unethical practices from the UAW and its constituent entities and to otherwise enforce the injunctive prohibitions of the Consent Decree.

This authority and duty has several components within its scope, including:

  • Referendum.  The Consent Decree required the UAW to hold a Union-wide Referendum in which the UAW membership would vote on whether to keep the existing method for electing members to the International Executive Board (IEB) in which local union delegates to the UAW’s Constitutional Convention voted for IEB members, or whether the method should be changed to a direct election by which each UAW member shall directly elect the members of the IEB.  The Consent Decree directed the Monitor and the UAW together to develop the rules, method, and ballot language to be used in the Referendum, subject to the review and approval of the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS).  After consulting with, and with agreement or approval of, both the UAW and OLMS, the Monitor issued Interim Rules and Final Rules for the Referendum. On December 2, 2021, the Referendum vote count was completed. The vote count was decisively in favor of the direct voting system. On January 7, 2022, the Monitor transmitted the Monitor’s “Referendum Report” to OLMS. The Referendum Report, available here, summarizes the steps taken by the Monitor to oversee the vote of the UAW membership on the method for electing the IEB. On January 19, 2022, OLMS endorsed the Referendum Results. On January 31, 2022, the Court granted the Monitor’s Unopposed Motion for Approval of Referendum Results, and ordered that the UAW Constitution be amended to incorporate the “one member, one vote” principle with respect to IEB elections prior to the next IEB elections taking place at or following the next UAW Constitutional Convention.

  • UAW International Officer Elections. In accordance with the Referendum results, Consent Decree, and January 31, 2022 Court Order, the Monitor, in consultation with the UAW, has developed all election rules and methods for the election of members of the IEB in the new direct election system. On May 11, 2022, the Monitor published the Official Rules for the 2022 International Officer Election of the UAW (English-language version) (click here for Spanish-language version). These rules will also remain in effect for future International Officer election of the Union unless and until modified by the Monitor, in consultation with the UAW. The Monitor also conferred with the UAW to draft language amending the UAW Constitution to affirm the “one member, one vote” principle. These amendments were adopted at the 2022 UAW Constitutional Convention held from July 25-28, 2022, at Huntington Place in Detroit, Michigan, and will be available here.

  • Candidate Vetting.  The Monitor reviews all candidates for International Office (International President, International Secretary-Treasurer, International Vice-Presidents, and Regional Directors) to determine whether any such candidate should be disallowed from office because they have been previously found guilty of certain types of conduct in a criminal or disciplinary hearing, or because they are a “barred person” as defined by the Consent Decree. The Monitor also officially verifies whether prospective candidates are eligible to run for International Office under the requirements set forth in the UAW Constitution.

  • Compliance.  The Monitor assesses the controls the UAW has implemented to meet its obligations under the Consent Decree and identify gaps and areas of improvement through rigorous testing protocols, and oversees implementation of further reforms by UAW and its consultants. The Monitor has the right under the Consent Decree to disapprove certain employment and contractual decisions by the UAW, and to review relevant financial data, books, records, audit findings, and other similar records.

  • Investigations and Disciplinary Actions.  The Monitor investigates particular instances of suspected or potential misconduct and has the authority and duty to bring disciplinary charges against individuals under the Consent Decree, seeking to suspend or expel/bar the individual from the UAW, to fine or forfeit the individual’s benefits (with exceptions), or to otherwise discipline the individual.  The Monitor may also refer any matter to the U.S. Department of Justice.  To report potential misconduct to the Monitor, please click here. Charges filed by the Monitor are posted here.

  • Reporting.  The Monitor will file a written report with the District Court concerning the Monitor’s work at least every six months.  The Monitor’s filed reports are posted here.

To contact the Monitor, please click here.