We knew that this fall's UAW international officer election would be a popcorn-worthy event because everything that Shawn Fain touches turns to drama. Yet admittedly, we didn't imagine that Fain would truly be in danger of losing his seat because as we recently wrote, it's not easy to remove a union chief who hasn't been charged with federal crimes.
Well, it's only been a few weeks, and things look different now.
Bloomberg Law reported seeing emails indicating that the UAW’s federal monitor, Neil Barofsky, has been subpoenaed by a grand jury regarding his watchdog reports. Labor relations watchers know that Barofsky’s latest installment, his sixteenth such report, is chock full of citations about Fain's "retaliatory" firing of VP Rich Boyer, who is now Fain’s chief election rival. Additionally, a UAW attorney clarified that the union "broadly is not the subject of a grand jury investigation." That remark suggests that this probe is all about Fain, so how bad could this get for him?
Well, Fain's own chatter–which includes his admission of threatening to physically fight Barofsky–probably isn't helping his situation or reelection odds. For that matter, this is not fantastic news for the union itself.
Let's step back and look at what's been revealed
Legally, Fain hasn't been charged with anything yet. A grand jury is an investigative body that reviews evidence to determine if there's probable cause to charge a defendant with crimes, and these juries operate under the utmost secrecy, so until an indictment emerges, we won’t know anything concrete about how much trouble could be in store for Fain.
However, grand juries typically deal with felony-level offenses, so it’s not as though they’re poking around for testimony on misdemeanors or petty crimes. If something comes from this probe, it will be a serious matter.
Meanwhile, Fain’s digging a hole
The fiery leader called Barofsky's accusations politically motivated and "total bullsh*t." He ranted, "Corporate America wants me out. The political establishments of both parties want me out." Fain denied allegations that he demanded financial favors for family members, and he thinks that Barofsky has it out for him because of the UAW's call for a Gaza ceasefire.
That claim is what led to Fain disclosing, according to meeting minutes reported by the Detroit Free Press that he "threatened to fight the monitor in the parking lot." Really: "We had it out at the meeting. We used foul language. We had a heated discussion, and I thought that was the end of it. Days later, however, Barofsky opens his first investigation into me." He added, "You know, I'm not a conspiracy theorist, but I'm also not a freaking idiot. Barofsky doesn't like me. … This is election interference, plain and simple."
Was Fain done talking? Nope:
"That's my opinion if you want my opinion. And for anybody to ever f***ing say I'm anti-Semitic, brother, I'll fight your a** in front of this building in a heartbeat," he fumed. "I do not f***ing like that, and I don't appreciate it."
First thing's first. Fain is alleging that Barofsky is simply out to get him, but Barofsky was appointed as the UAW's monitor in May 2021 to watch over the union as it presumably worked to free itself from a legacy of corruption. Fain, who was elected in fall 2022, ran as a "reformer" candidate then dissolved the union's reform caucus. In Dec. 2023, UAW made its call for a Gaza ceasefire, which Fain argues is the source of Barofsky's alleged ire.
Although Fain clearly believes that Barofsky simply “doesn’t like” him, the monitor’s findings rest on far more than a personal dispute.
Barofsky's other reports document Fain's culture of retaliation that has led to details about intimidated staffers shrinking away from their leader’s outbursts. The twelfth report, followed by a text-message-filled addendum pointed toward Fain's ouster of Secretary-Treasurer Margaret Mock and an alleged coverup. Within that saga, Barofsky interviewed staffers who corroborated that Fain threatened to "slit" or "cut" the "f***ing throats" of those who "messed" with his inner circle. Also reportedly, that twelfth report included details of Mock’s refusal to fulfill questionable expenditures, to which Fain allegedly responded, "Your only responsibility is to sign the f***ing check."
Barofsky ordered Mock to be reinstated, as was the case with Boyer.
What this could mean for Fain’s reelection and the UAW’s future
If you guessed that multiple Fain rivals would be pouncing on the grand jury announcement, you'd be correct. In a Facebook reel, Tricia Geiger called the news a "national embarrassment," "a disgrace to all our members," and "terrifying" because Fain's alleged behavior could lead to "a government takeover" of the union. That last reference could indeed mean that the UAW will remain under monitoring, or perhaps worse, after Barofsky’s appointment is scheduled to end in May 2027.
Meanwhile, Rich Boyer threw shade at Fain’s platform by posting a screenshot of a news story about the grand jury news, and Detroit news publications predict that this ruckus will fuel upcoming livestream debates.
Some legal experts further believe that the grand jury probe could slow UAW organizing momentum. For sure, the probe into Fain's unsavory behavior does not bode well in light of two ex-UAW presidents, Gary Jones and Dennis Williams, both currently serving time related to various white collar crimes including racketeering and embezzlement.
The fallout to come?
From here, the UAW's election season continues, and Fain is not the slam-dunk incumbent that he expected to be. That could complicate his plans to be around for that 2028 general strike that he’s been plotting, but the election will be over by early October, so we won’t have to wait too long to find out his fate on that end. And that grand jury probe continues.
