Workers sue Tyson

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Published: May 10, 2007

Former workers at Tyson Food’s slaughterhouse in Brooks, Alta., have filed a class action lawsuit claiming the company mistreated them when they tried to form a union.

Adam Abel, a former worker at the plant, said he helped launch the class action suit to shine a spotlight on the poor treatment of workers.

“We need to get our rights,” said Abel, who was fired from his job in 2004 after five years at the plant.

“It’s not fair for us. We got fired for no reason.”

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About 54 former workers have joined the class action suit and another 250 have indicated interest but have yet to sign a retainer agreement with Docken and Co., a Calgary law firm that specializes in class action litigation and has taken on the workers’ case.

“It’s definitely a priority. It’s really about human rights issues and the horror these people have faced,” said Faye Emmanuel, a lawyer with Docken and Co.

Emmanuel said after listening to the workers’ stories, the firm decided to take on the class action suit.

A statement of claim, which contains unsubstantiated allegations filed to initiate a lawsuit, was filed in the Court of Queen’s Bench April 19. In it, the former employees said several workers were fired for getting injured on the job or for forming an employee committee. Abel and Deng Rehan, also named in the suit, were elected members of the employee committee.

The company had until May 4 to provide a statement of defence but has asked for an extension.

Gary Mickelson, manager of communications at Tyson Foods, said in an e-mail that the company is still reviewing the lawsuit but stressed that it strives to treat its employees fairly.

“Our efforts include a set of core values that call on us to be respectful of each other, a toll free number workers can use to raise questions or concerns and a Team Member Bill of Rights,” he said.

“The Lakeside plant also has a chaplaincy program designed to help support team members.”

The statement of claim said the workers complained of racism, discrimination, violence and unsafe working conditions, leading up to a union certification vote.

After several unsuccessful attempts to form a union, in August 2004 the United Food and Commercial Workers Local 401 won a certification vote at Tyson’s

A year later, most of the 2,700 workers went on strike for three weeks until a first contract was reached between the company and the union. During that time, the lawsuit claims, various abuses occurred at the plant.

The statement of claim said that between April 2004 and April 2006, many of the class action members were wrongfully fired from the plant.

The class action suit members are asking for $50,000 each plus damages to be proven at trial.

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