Posted on 11/06/2007 8:20:56 AM PST by pulaskibush
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. 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. It was filed in April 2002 on behalf of former Tyson workers in several states, not including Arkansas. Trial is set for March 3. 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. “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. 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.
Start of this story Lawsuit against Tyson Foods
More corruption stories about Tyson Foods:
Arkansas Immigration Battle and some facts about Tyson Foods
Arkansas Ping
Always remember that Tyson Foods was Slick’s moneyman.
Illegal Immigration Pinglist
As likely the Huckster's as well.
Political Donations from John Tyson; Tyson Foods chairman, ceo
No Tyson chicken, Wal-Mart, or Home Depot in my future.
You might need a longer list. Check out my link at reply #6 :(
It seems to me that prosecution under a provision of the RICO Act could be used here as well. The former employees can establish standing as they were injured by Tyson’s policy.
Good luck with your chicken purchasing Pilgrim’s does the same.
It seems to me that prosecution under a provision of the RICO Act could be used here as well. The former employees can establish standing as they were injured by Tyson’s policy.
***I’m glad to see my usual RICO suggestion is starting to catch on. Also, pinging BCSCO to this thread for the AFIRE ping list.
Here’s my standard post. We can do something about this.
RICO —Citizen Recourse
Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include nonprofit associations.
Here’s what I’ve been pushing: it’s time to file Racketeering, Influencing, and Corrupt Organizations (RICO) lawsuits.
RICO lawyers could turn it around in a few years and MAKE MONEY at the same time. I’m surprised they haven’t done it already.
In the absence of enforcement, we can get the word out in the meantime that there is money to be made in filing RICO lawsuits against employers who hire illegal aliens.
Employers would have no trouble shutting down the border if they could get sued by someone under the RICO statutes for hiring these people in the first place. The next time an illegal alien kills someone in a drunk driving accident or somesuch thing, I’m going to point out that the victim’s family might be able to seek compensation from the employer under these statutes in the hopes that it would catch on. If this did catch on, would see such a swift backlash against illegal immigration that no employer would go near these people and they’ll all simply want to go back home.
ping
I’d love to see this used against such employers. What I’m wondering is, just how far Huckabee will be caught up in all this?
Old Huck would provide for John Tyson, just as Clinton did - cheap illegal labor for big dollars. I’ve boycotted Tyson for many years. Just like I’m boycotting Huck now. :)
Probably not much. Politicians are naturally slippery, it’s like catching fish by hand.
Wouldn’t this be a good thread for the AFIRE ping list?
I'd noted it for tomorrow morning but I'll do a special alert now. I try to minimize those; don't want to come off like FNC.
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