Tyson Foods 2002 Annual Report Download - page 53

notes to
consolidated
financial
statements
p 51
On June 22, 1999, 11 current and former employees of the Company filed the case of M.H. Fox, et al. v. Tyson Foods, Inc.
(Fox v. Tyson) in the U.S. District Court for the Northern District of Alabama claiming the Company violated requirements of the
Fair Labor Standards Act. The suit alleges the Company failed to pay employees for all hours worked and/or improperly paid them
for overtime hours. The suit specifically alleges that (1) employees should be paid for time taken to put on and take off certain working
supplies at the beginning and end of their shifts and breaks and (2) the use of “mastercard” or “line” time fails to pay employees for all
time actually worked. Plaintiffs seek to represent themselves and all similarly situated current and former employees of the Company.
At filing 159 current and/or former employees consented to join the lawsuit and, to date, approximately 5,000 consents have been filed
with the court. Discovery in this case is ongoing. A hearing was held on March 6, 2000, to consider the plaintiffs’ request for collective
action certification and court-supervised notice. No decision has been rendered. The Company believes it has substantial defenses to
the claims made and intends to vigorously defend the case; however, neither the likelihood of an unfavorable outcome nor the amount
of ultimate liability, if any, with respect to this case can be determined at this time.
Substantially similar suits have been filed against several other integrated poultry companies. In addition, organizing activity
conducted by representatives or affiliates of the United Food and Commercial Workers Union against the poultry industry has
encouraged worker participation in Fox v. Tyson and the other lawsuits.
On August 22, 2000, seven employees of the Company filed the case of De Asencio v. Tyson Foods, Inc. in the U.S. District Court
for the Eastern District of Pennsylvania. This lawsuit is similar to Fox v. Tyson in that the employees claim violations of the Fair Labor
Standards Act for allegedly failing to pay for time taken to put on, take off and sanitize certain working supplies, and violations of the
Pennsylvania Wage Payment and Collection Law. Plaintiffs seek to represent themselves and all similarly situated current and former
employees of the poultry processing plants in New Holland, Pennsylvania. Currently, there are approximately 500 additional current
or former employees who have filed consents to join the lawsuit. The court, on January 30, 2001, ordered that notice of the lawsuit
be issued to all potential plaintiffs at the New Holland facilities. On July 17, 2002, the court granted the plaintiffs’ motion to certify
the state law claims. The Company believes it has substantial defenses to the claims made and intends to defend the case vigorously;
however, neither the likelihood of an unfavorable outcome nor the amount of ultimate liability, if any, with respect to this case
can be determined at this time.
On November 5, 2001, a lawsuit entitled Maria Chavez, et al. vs. IBP, Lasso Acquisition Corporation and Tyson Foods, Inc. was
filed in the U.S. District Court for the Eastern District of Washington against IBP and Tyson by several employees of IBP’s Pasco,
Washington, beef slaughter and processing facility alleging various violations of the Fair Labor Standards Act, 29 U.S.C. Sections 201–219
(FLSA), as well as violations of the Washington State Minimum Wage Act, RCW chapter 49.46, Industrial Welfare Act, RCW chapter 49.12,
and the Wage Deductions-Contribution-Rebates Act, RCW chapter 49.52. The lawsuit alleges IBP and/or Tyson required employees
to perform unpaid work related to the donning and doffing of certain personal protective clothing, both prior to and after their shifts,
as well as during meal periods. Plaintiffs further allege that similar prior litigation entitled Alvarez, et al. vs. IBP, which resulted in a
$3.1 million final judgment against IBP, supports a claim of collateral estoppel and/or is res judicata as to the issues raised in this new
litigation. IBP filed a timely Notice of Appeal and will vigorously pursue reversal of the Alvarez judgment before the Ninth Circuit
Court of Appeals. Chavez initially was pursued as an opt-in, collective action under 29 U.S.C. 216(b), but on May 24, 2002, plaintiffs
filed a motion seeking certification of a class of opt-out, state law plaintiffs under Federal Rule of Civil Procedure 23. On October 28,
2002 the U.S. District Court for the Eastern District of Washington granted plaintiffs’ motion (Rule 23 Order), asserting supplemental
jurisdiction over the state law wage and hour claims, and certifying the class. On November 6, 2002, IBP and Tyson timely filed a
motion with the Ninth Circuit Court of Appeals seeking leave to appeal the District Court’s Rule 23 Order.
Environmental Matters On January 15, 1997, the EPA brought suit in the Circuit Court for the 14th Judicial Circuit, Rock Island,
Illinois, Chancery Division against IBP alleging that IBP’s operations at its Joslin, Illinois, facility are violating the “odor nuisance”
regulations enacted in the state of Illinois. IBP has already completed additional improvements at its Joslin facility to further reduce
odors from this operation, but denies Illinois EPA’s contention that its operations at any time amounted to a “nuisance.” IBP is
attempting to discuss these issues with the State of Illinois in an effort to reach a settlement.
Tyson Foods, Inc. 2002 annual report