UAW's court filing highlights tension with federal monitor

The United Auto Workers asked a federal court Wednesday to clarify its consent decree with the U.S. Justice Department, namely whether it could withhold or review confidential and privileged information being requested by its court-appointed monitor.

The filing in the U.S. District Court for the Eastern District of Michigan comes amid tension between the Detroit-based union and its monitor, New York attorney Neil Barofsky. Barofsky has criticized the union over the speed of its response to requests from his office for documents related to several investigations. That came after he raised concerns over UAW statements surrounding the Israel-Hamas war — actions the union has characterized as "inappropriate," according to emails obtained by The Detroit News.

A report filed last month by Barofsky disclosed an investigation into UAW President Shawn Fain for alleged retaliation, Secretary-Treasurer Margaret Mock for claims she misused her treasury powers, and an unnamed regional director for potential embezzlement. In response to delays in obtaining documents related to these allegations from the union, Barofsky accused it of "obstructing and interfering" and said that "if left unaddressed," it would be "an apparent violation" of the union's consent decree with the U.S. Justice Department following a years-long corruption scandal.

The union in the Wednesday filing, however, asserted it has a right to redact information pertaining to attorney-client privilege and details around its collective bargaining and organizing strategies. Clarifying this right, according to the union, is critical, given the wide scope of the monitor's request for tens of thousands of documents.

"The monitor’s request amounts to a takeover of the UAW’s computer and email systems," UAW attorney Harold Gurewitz wrote, "giving the monitor access to all of the union’s electronic information."

The News left a message with Barofsky and emailed inquiries to him and a representative for Jenner & Block LLP, his law firm.

A UAW spokesperson declined to comment on the filing Wednesday evening.

The filing said the monitor opened an investigation on Feb. 29. Barofsky, in his report last month, traced the start of what he described as a lack of cooperation in the probe to February — the same month outside counsel for the UAW accused Barofsky of "a surprising lack of integrity" after he shared concerns about the union's position on the Israel-Hamas war, according to the emails obtained by The News.

In December, the UAW's governing International Executive Board, or IEB, voted to sign a petition drafted by the United Electrical, Radio and Machine Workers of America union and the United Food and Commercial Workers Local 3000 calling for a ceasefire in the war, U.S. support for a ceasefire, that humanitarian aid be let into Gaza and that Hamas release Israeli hostages. A UAW Divestment and Just Transition work group was assigned to study the history of Israel, Gaza and the West Bank, the union's economic ties to the conflict and how a transition from war to peace would affect U.S. workers.

Soon thereafter — according to an email sent on Feb. 19 to Barofsky by Benjamin Dictor, a New York attorney working with the union — Barofsky called Fain for a conversation “strictly on a personal level” in which he shared "personal concerns about the union’s position on the crisis in Gaza." The Algemeiner — a global news outlet that covers the Middle East, Israel and matters of Jewish interest around the world — in October named Barofsky to its list of the top 100 people positively influencing Jewish life for an investigation into historical Nazi ties.

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