The court-appointed monitor overseeing the United Auto Workers in a blistering status report has directed the union to reinstate all duties to Margaret Mock, the secretary-treasurer, after she was stripped of responsibilities more than a year ago.
Neil Barofsky, a lawyer appointed by the court in 2021 to oversee the union as it emerged from a public corruption scandal, published the report on Tuesday, June 17.
In the report, the monitor writes that the stripping of Mock’s duties was uncalled for and based on “unsupported or outright unfounded” allegations of misconduct from UAW President Shawn Fain.
Previously, Fain and several other UAW leaders accused Mock of weaponizing and politicizing her role as secretary-treasurer, amounting to a dereliction of duty. Mock responded that she did her job by the book, and alleged that her duties were stripped after she refused to authorize expenditures and exceptions to UAW spending policies.
The monitor’s report — compiled of interviews and a review of UAW documents — stands behind Mock’s version of events. The 93-page document describes an atmosphere of pettiness within Fain’s leadership sphere and details internal drama. Though Barofsky urges the union to reinstate Mock’s duties he writes essentially that he doesn’t have the authority to order it. It’s unclear what would happen if the union does not take this recommended action.
“The Monitor concludes that Mock was falsely accused of misconduct, subjected to retaliatory action by Fain, and improperly stripped of her responsibility for various departments and board assignments,” the report reads.
It continues: “The Monitor’s investigation found that Mock consistently and strictly applied Union policy, guided by a commitment to accountability in the wake of the UAW’s past financial scandals. Her removal was not the result of dereliction of duty or dishonesty, but rather a consequence of her refusal to grant exceptions to the strict policy restrictions governing the expenditure of Union resources, including to those within Fain’s inner circle.”
The report concludes that Mock operated thoroughly and — save for one disagreement over a yard sign — did her job carefully in the wake of a widespread corruption scandal in which prominent union officials were convicted of misusing union funds.
A UAW representative did not answer a request for comment late on June 17.
UAW leadership also offered a limited response to the monitor himself, a departure from previously established process in which the monitor offers a preliminary draft of a report to UAW leaders, who are then given the chance to edit and document errors of fact.
“Previously, the Union has meaningfully engaged in this process by submitting proposed written redline edits or other written comments identifying alleged factual errors or omissions — but for this report, the Union declined to follow that process,” the report reads.
Instead, the union told Barofsky the report was so flawed it could not offer detailed feedback, with the UAW general counsel telling the monitor there were “many factual and other issues with the report.”
As secretary-treasurer, Mock was elected and entrusted with purchasing duties and overseeing the finances of the international union. When her duties were stripped, the monitor, whose duty it is to root out corruption in the union, opened an investigation.
The monitor’s position vindicates Mock in the eyes of some UAW members who leveled that Fain’s treatment of her was unconstitutional and unfair.
Barofsky said the only substantial — and provable — issue raised in the initial call for Mock’s duties to be redistributed was regarding yard sign designs.
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Mock allegedly selected yard signs during the UAW’s prominent 2023 strike that were different from the designs selected by the UAW communications department.
Even so, the monitor concluded that this one proven grievance does not constitute dereliction of duty.
After the publication of the report, Mock issued a public statement through her attorney, Michael Nicholson.
“Our members elected me to a position that requires me to zealously guard our union’s finances and our members’ sacred dues dollars,” Mock said. “The report released today by the court-appointed independent monitor confirms what I have said all along: There was no justification for action taken last year to remove me from positions I held on behalf of UAW members.”
Mock added that the removal of her duties was not only disrespectful to her, “but to all of the members who voted for me as UAW Secretary-Treasurer.”
Monitor: Fain did not want to appear racist
The monitor’s report alleges that Fain — in an attempt to shield himself from claims of racism — asked two black women in UAW leadership to spearhead the motion to oust Mock, who is also a Black woman.
Fain told the monitor he asked the two women to initiate the motion to strip Mock of her duties at a Feb. 20, 2024, meeting of the UAW executive board because he “thought it would be better coming from her than me, a white guy.”
This move, according to the monitor, is evidence of Fain’s retaliatory intent rather than a legitimate concern over Mock’s performance.
The resolution to relocate Mock’s duties passed. The two women received two of Mock’s 11 duties that were stripped from her. Fain absorbed the other nine.
Further, the report alleges that the Special Compliance Report — the initial report accusing Mock of dereliction of duty — was largely drafted by Fain’s inner circle, though their involvement was hidden.
“Documents reviewed by the Monitor indicated that the process was heavily influenced by Fain’s aides,” Barofsky wrote, adding that the motions to relocate Mock’s duties were edited by the aides before the report was read into the record.
Monitor defers further discipline
For now, the monitor is only strongly urging the union to reinstate Mock’s duties, stopping short of formal discipline.
While the monitor holds the power to lodge disciplinary action against the union if its investigation uncovers criminal activity or activity that violates the UAW constitution, Barofsky wrote that he is reserving further action as he continues to investigate claims that Fain unfairly stripped the duties of another high-ranking union executive, Rich Boyer.
Boyer oversaw the Stellantis department (the brand that owns nameplates such as Chrysler, Dodge, Jeep, Ram and Fiat) before his duties were stripped in similar fashion, resulting in an ugly dispute between Boyer and Fain in 2024.
Barofsky accused the union of delaying his investigation by withholding pertinent paperwork.
As of June 18, the UAW had not responded to repeated Free Press requests for comment. Reuters reported that Fain and 10 other members of the 14-member UAW International Executive Board in a statement stood by their decisions and doubled down that Mock’s job performance warranted concern.
Reuters reported that the 11 board members felt Mock failed in her capacity as secretary-treasurer by not producing a budget and obstructing union activities. The Reuters report did not name the board members other than Fain and did not explain the position of the three who weren’t included in the statement.
Liam Rappleye covers Stellantis and the UAW for the Detroit Free Press. Contact Liam Rappleye: LRappleye@freepress.com
This story was updated to add a video.
This article originally appeared on Detroit Free Press: UAW monitor issues blistering status report on Fain’s leadership, internal drama
Reporting by Liam Rappleye and Eric D. Lawrence, Detroit Free Press / Detroit Free Press
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