BY MICHELLE BRADFORD
Posted on Monday, November 5, 2007
http://www.nwanews.com/adg/News/206766/
The plaintiffs in a lawsuit accusing Tyson Foods Inc. of hiring illegal aliens to work at poultry plants are focusing on the meat producer’s relationship with the League of Latin American Citizens. (pro-illegal group) The class-action suit in U. S. District Court in Eastern Tennessee claims Springdale-based Tyson Foods knowingly hired illegal aliens to work for wages below what American workers would take.(what's happening everywhere) It was filed in April 2002 on behalf of former Tyson workers in several states, not including Arkansas. Trial is set for March 3. (5 years just to start Trial?)
The plaintiffs in Trollinger v. Tyson are chicken plant workers who said they were harmed by a scheme by Tyson’s top management to depress wages, court documents state. “We believe Tyson has used its relationship with LULAC to help carry out a ‘willful blindness’ policy of hiring illegal workers,” said the plaintiffs ’ attorney, Howard W. Foster of Chicago. “Tyson is very close with LULAC, especially in Springdale, and we’re alleging that the groups have agreed not to investigate workers who are suspected illegal aliens.” Last week, the former director of the Arkansas chapter of the League of Latin American Citizens filed a motion to avoid giving a deposition in the case. In October, LULAC’s Housing Commission fought subpoenas seeking evidence in the case.
Tyson spokesman Gary Mickelson said the company continues to deny claims in the suit and will file a motion for summary judgment mid-month. “We have a zero-tolerance policy for hiring people who are not authorized to work in the United States,” Mickelson said. “We value our relationships with various advocacy groups, including those representing the Hispanic community. Claims that those relationships are improper are not only false, but they are absurd.”
An amended complaint filed in 2005 added the allegation that Tyson used its relationship with LULAC to “facilitate the hiring of illegal aliens.” Foster wouldn’t elaborate beyond what is in the complaint. Charles Cervantes, director of the Arkansas chapter of LULAC, said the league’s partnership with Tyson is geared at Hispanic advocacy efforts, such as curbing poverty and improving education. “We would never tell Tyson or any of our corporate sponsors to hire undocumented workers,” Cervantes said. (It's the other way around)“Absolutely not. Nor would we turn our heads to that. Besides, LULAC doesn’t tell its sponsors how to operate. That’s not our format.” Tyson is one of many corporations across the country, including Wal-Mart Stores Inc., with which LULAC has “corporate sponsorships,” he said.
LULAC is not a defendant in the suit. The plaintiffs, however, have been gathering third-party evidence from the nonprofit league, including taking a deposition in August of LULAC national executive director Brent Wilkes, court records show. Foster said the suit is filed under the Racketeer Influenced and Corrupt Practices Act, alleging Tyson committed wrongdoing by working with other groups or organizations.
It’s one of the first suits to allege “illegal immigrant hiring scheme” under the RICO law, he said. Last week, R. Shawn McGrew, former Arkansas LULAC executive director, filed a motion in U. S. District Court in Fayetteville to quash a subpoena to give a deposition in the case. McGrew couldn’t be reached and his attorney, Ray Niblock of Fayetteville, didn’t return calls. The motion states that the plaintiffs want to ask Mc-Grew about whether he lobbied against Arkansas anti-immigration legislation, in particular, Act 907 of 2005, which authorized the State Police to designated officers to enforce federal immigration law.
Last month, 19 officers in Washington and Benton counties began working under the supervision of U. S. Immigration Customs Enforcement under what’s known as the 287 (g ) program. Cervantes said LULAC opposes local police enforcing federal immigration law because it creates opportunities for racial profiling and can violate the rights of people who can’t immediately produce identification when asked by police. LULAC can exercise its First Amendment right to express its views on pending legislation when it pleases, Cervantes said. “If Shawn [McGrew ] went and lobbied against 287 (g ), that’s OK,” said Cervantes, who succeeded McGrew as state director in 2006. “That’s his American right.” Foster said LULAC’s National Housing Commission fought a subpoena last month but has since agreed to turn over documents. He wouldn’t say what the documents are.
The Housing Commission helps low- to moderate-income Hispanics with housing needs and issues, according to its Web site. Foster said other evidence in the suit includes depositions with and computer hard-drive evidence from defendants, who include John Tyson, chairman of the Tyson board of directors; Archie Schaffer III, a senior vice president; and Richard Bond, chief executive officer.
Defendants in the suit are not the same former Tyson bosses who were indicted in 2001 in U. S. District Court in Tennessee on charges of conspiring to smuggle illegal aliens for work. (another corruption story!) A jury acquitted those three defendants in 2003. “Those were mid-level managers,” Foster said. “These defendants are top executives.” Mickelson said the civil suit is largely based on claims made in the failed 2001 federal indictments.
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Here's another corruption story about Tyson Foods:
http://www.freerepublic.com/focus/f-news/1907681/posts
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