United Auto Workers (UAW) President Shawn Fain is under investigation by Neil Barofsky, a federal court-appointed watchdog, according to a court filing on Monday. Barofsky, tasked with monitoring the union to eliminate corruption, is probing whether Fain abused his power as president and accuses union leaders, including Fain, of obstructing the investigation and hindering access to information.
These actions could potentially breach a 2020 consent decree between the UAW and the U.S. Department of Justice, which was established to avoid a federal takeover of the union. The court filing states, “The Monitor has attempted for months to garner the Union’s cooperation in gathering the information needed to conduct a full investigation, but the Union has effectively slow-rolled the Monitor’s access to requested documents.”
The investigation has recently expanded to include allegations of retaliation by Fain against one of the union’s vice presidents. Additionally, the monitor opened an unrelated investigation into another unnamed UAW International Executive Board (IEB) member, a regional director, following allegations of potential embezzlement.
Fain responded to these developments in a statement on Monday night, saying, “Taking our union in a new direction means sometimes you have to rock the boat, and that upsets some people who want to keep the status quo, but our membership expects better and deserves better than the old business as usual. We encourage the Monitor to investigate whatever claims are brought to their office, because we know what they’ll find: a UAW leadership committed to serving the membership and running a democratic union. We’re staying focused on winning record contracts, growing our union, and fighting for economic and social justice on and off the job.”
These allegations arise as the UAW is in the midst of a national organizing drive of nonunion automakers. Fain’s leadership gained international prominence after the union secured record-setting contracts with General Motors, Ford Motor, and Stellantis last year.
The court filing, first reported by The Detroit News, indicates Barofsky’s concerns began in February when the monitor started investigating current IEB members, including the President, Secretary-Treasurer, and a Regional Director. The investigation stems from union leaders removing all non-constitutionally required responsibilities from Secretary-Treasurer Margaret Mock amid allegations of misconduct. Mock countered with allegations against Fain, claiming the charges were false and that her authority was removed in retaliation for her reluctance to authorize certain expenditures.
The filing also notes that more than three months after the monitor’s initial document request, the union has produced only about 2,600 of the potentially 116,000 relevant documents, with over 80% of those produced just days before the report. The monitor believes the union’s delay is obstructing his investigative work and potentially violates the Consent Decree, which followed a years-long corruption probe involving embezzlement, bribery, and other charges, resulting in several convictions of union leaders and Fiat Chrysler executives, including two past union presidents.
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