United Auto Workers President Shawn Fain illegitimately retaliated against the second most-powerful leader of the union in stripping her of power after threatening to "slit" the "throats" of anyone who "messed" with his inner circle, a government watchdog said late Tuesday.

The watchdog, lawyer Neil Barofsky, leveled the allegation in a quarterly report delivered to U.S. District Judge David Lawson, who gained broad control of a deal to oversee the UAW in 2020 following a years-long public corruption scandal. The scandal sent two former union presidents, Gary Jones and Dennis Williams, to federal prison along with several others convicted of breaking labor laws, stealing union funds and receiving bribes, kickbacks and illegal benefits from contractors and auto executives.

Barofsky called for reversing actions taken by Fain, who stripped UAW Secretary-Treasurer Margaret Mock of oversight of union departments and reassigned her board positions. But the watchdog stopped short of filing any charges against Fain amid ongoing investigations focused on "allegations concerning a retaliatory pattern of conduct" involving Fain.

The report offered an unflattering, behind-the-scenes view of Fain's management style and portrayed him as a foul-mouthed, angry and threatening labor leader. The report raises questions about whether Fain will be punished and about what impact his actions could have on a union that narrowly avoided being taken over by the government five years ago due to criminal wrongdoing.

"... The monitor’s investigation found that Secretary-Treasurer Mock was falsely accused of misconduct, and that therefore there was no basis for removing departments from her oversight or reassigning her board positions," Barofsky wrote. "The monitor’s investigation further found that President Fain acted with illegitimate and retaliatory intent when he removed Mock’s departments and board assignments. For these reasons, Fain’s actions should be immediately reversed, with each of Mock’s departments and assignments reinstated."

The monitor said the UAW's governing board, or an appellate board, should immediately reverse Fain's actions and return Mock to power. The report is the latest to provide a critical look at Fain's tenure at the helm of the UAW.

Mock, in a statement through her lawyer, promised to work with her fellow elected members of the International Executive Board and urged them to follow the monitor's recommendations to reinstate her leadership roles.

"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," she said. "I was elected on a reform slate because our members want a fresh start from the previous scandals and bad practices, which took money out of our members’ pockets. We need to operate with full transparency, to restore the UAW’s reputation as a strong union that fights every day for our members."

She added: "Let’s put these internal issues to rest and focus on the fights that really matter. In unity and solidarity, let’s work together to confront employers and uncaring politicians who choose to wage war on the working class."

One year ago, Barofsky revealed he was investigating, among other things, allegations that Fain and his team demanded a subordinate take action to benefit the president's fiancée and her sister. Fain is engaged to Keesha McConaghie, a financial analyst at the World Class Manufacturing Academy at the UAW-Chrysler National Training Center, where Fain previously oversaw operations.

Barofsky is also investigating allegations that Mock improperly denied reimbursement requests, as well as allegations of retaliation against Fain for the removals of Mock and Vice President Rich Boyer from their department leadership roles.

Barofsky is also investigating the removal last year of Boyer from leading the union’s Stellantis NV Department. Fain has said Boyer's removal was because of a “dereliction of duty” in connection with certain collective bargaining issues. Boyer has defended his representation of members and accused Fain of a "direct attack on my character."

Barofsky's investigation into Fain does not appear to involve criminal allegations. However, Barofsky can try to discipline, remove, suspend, expel and fine UAW officers and members.

In February 2024, Barofsky opened an investigation after the IEB removed Mock from overseeing nine departments, including the union's Women’s Department and the Technical Office and Professional Department, over an alleged misuse of her treasury powers. Mock defended her actions in a statement at the time, stating she was adhering to the policies of her role.

The UAW is under prolonged government oversight designed to root out corruption. The deal, designed to last six years, installed Barofsky, an attorney, to monitor the UAW's operations and act as a court-approved watchdog, a first-in-UAW-history measure necessitated by a prolonged period of criminality that led to two dozen convictions.

Barofsky launched the investigation last year after Mock alleged the UAW president removed her oversight of 11 union departments and two external board positions. Fain made the moves, according to Mock, because she was unwilling to approve spending UAW money on people and entities associated with Fain's office, according to the complaint.

"She further alleged that in addition to punishing her, Fain removed the departments from her oversight to lessen the strict financial oversight and adherence to policy she applied, and to follow through on previous retaliatory threats he had publicly made, sending a message to other gatekeepers that failure to approve the president’s requests would result in a similar fate to the one that she has suffered," Barofsky wrote.

Barofsky's probe substantiated Mock's allegations. The monitor uncovered evidence that Fain retaliated against the secretary-treasurer and that the president and members of his inner circle carried out a plan to strip Mock's responsibilities in a way that "cloaked their involvement," Barofsky wrote.

The monitor describes a threat-filled staff meeting of top UAW leaders, including Fain and Mock and approximately 300 others, in October 2023.

"... Fain told the UAW staff present that he would 'slit' or 'cut' the 'f------ throats' of anyone who 'messed' with certain members of his inner circle," Barofsky wrote. "Nearly all interviewees who recounted this scenario to the monitor said they interpreted Fain’s words as a serious threat that if they went against him or these referenced members of his inner circle, they would be retaliated against."

The monitor's investigation also uncovered evidence of Fain's anger towards Mock and "her refusal to accede to his demands," Barofsky wrote. One staffer told investigators that Fain told Mock: "Your only responsibility is to sign the f------ check."

"This same employee also said that they heard Fain shouting and swearing at Mock and recalled that Mock told Fain to stop swearing at her," Barofsky added.

Fain downplayed the throat comments in an interview with the monitor.

"Fain told the monitor that he meant that he would 'die for them," Barofsky wrote. "Fain said that he was laughing and smiling when he said the comment and later found out that people found it offensive."

Witnesses reported otherwise, Barofsky noted: "No one the monitor interviewed recalled Fain smiling or laughing when he said it, and no one said that he appeared to be joking."

Fain's comments to the monitor confirmed his attempt to hide a "commanding role" in stripping Mock of power, Barofsky wrote.

The report also paints an image of Fain’s premeditated decisions in stripping Mock of her responsibilities. Region 1A Director Laura Dickerson, who was just elected by the UAW's governing board to replace retiring Vice President Chuck Browning to lead the Ford Motor Co. Department, told the monitor she agreed to make the motion to support the removal of Mock’s departments.

She also confirmed that the report’s findings didn’t play a role in her decision to support the motion and that she wasn’t aware of the report until it was presented at the meeting, according to Barofsky.

“Fain acknowledged that he did so to make it appear as if they were the ones driving the motion, justifying his efforts to conceal his role by stating that he believed having Black women present the motion against Mock, who is also Black, would shield him from potential accusations of racism,” he wrote. “According to Fain, ‘I thought it would be better coming from her than me, a white guy.’”

Tensions between the UAW and Barofsky have been high. The two parties last year battled out a disagreement in federal court over whether the union could withhold or review confidential and privileged information being requested by the monitor as a part of his investigation, which he said the union was obstructing by slow rolling the provision of requested documents.

Additionally, the union has accused Barofsky in communications to his office of overstepping his role in raising concerns about UAW statements surrounding the Israel-Hamas war to Fain and others within the International UAW. The monitor’s office has said Barofsky is carrying out his duties “with the highest levels of professionalism and integrity.”

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