The 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, and does not represent, the UAW or any of its constituent entities.  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 UAW Monitor has their own website that describes their duties, www.uawmonitor.com.  The Monitor’s website will host their reports and other important documents relating to the Monitorship, such as the Referendum Rules (see below).  

UAW members can contact the UAW Monitor via the UAW Monitor’s website, www.uawmonitor.com/contact.   

The most recent version of the Consent Decree can be downloaded here.

The Referendum

The Consent Decree required the UAW to hold a secret ballot Referendum in which the UAW membership would vote on whether to keep the current method for electing members to the International Executive Board (IEB) in which local union delegates to the UAW’s Constitutional Convention vote 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.

ISSUANCE OF FINAL RULES:  On November 8, 2021, the Monitor issued the Final Rules for the 2021 Referendum.  These Final Rules update the First and Second Interim Rules issued on August 13, 2021, and September 17, 2021, respectively.  The Final Rules (1) remove references to the efforts of the parties to negotiate an amendment to the Consent Decree regarding the application of Title IV of LMRDA to the Referendum; and (2) expand the Rules regarding inspection of membership lists and observing the Referendum vote count.

The Final Rules can be downloaded here:

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UNOFFICIAL REFERENDUM RESULTS: On December 2, 2021, the 2021 Referendum vote count was completed.  Over 1,030,000 UAW members who were eligible to vote in the referendum received a ballot. Out of the total eligible ballots issued to UAW members, a total of 140,586 votes were cast and counted, where 89,615 members voted for the direct voting system (63.7%), while 50,971 members voted for the delegate voting system (36.3%).  Thus, pending final certification of the vote, the direct voting system prevailed. 

NEXT STEPS: The Monitor prepared a Referendum Report summarizing the Referendum process and result and provided it to the Department of Labor’s Office of Labor-Management Standards (OLMS) for approval on January 7, 2022.  All Referendum protests must be filed with the Monitor by January 14, 2022 (7 days after the Monitor’s submission of the Referendum Report to OLMS).  The Referendum Report is available on the Monitor’s website: https://www.uawmonitor.com/reports.

If OLMS endorses the Referendum result, the report will then be filed with the Court, which will make a final determination as to the validity of the vote.  If the Court certifies the result, the Monitor will confer with the UAW and then draft amendments to the UAW Constitution to incorporate the direct voting system.  The Monitor, in consultation with the UAW, will also develop the election rules and methods for the election of the members of the IEB.

More information concerning the Referendum, including the vote counts of each Local Union, is also available on the Monitor’s website:  www.uawmonitor.com/electionsreferendum.

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