011126 Workers Win $3M Verdict Against IBP

Pasco - Federal Court Judge Robert Whaley has ordered IBP, inc. (formerly known as Iowa Beef Packing, incorporated, recently purchased by Tyson Foods to pay more than $3 million dollars to 815 current and former employees at their Pasco, Washington plant.

In the lawsuit, filed in 1998, employees claimed they were required to arrive at the plant early and remain late each workday in order to put on required equipment and cleaning-gear worn by employees in the slaughter and packaging of fresh meat. In his ruling, Judge Whaley found IBP's conduct to be “willful,” and awarded employees double-damages for many of their claims.

“This is a big day for employees of IBP's Pasco plant. These workers deserve to receive the pay they have earned,” stated Seattle attorney Kathy Goater (Schroeter Goldmark & Bender), who dubbed the lawsuit a true David and Goliath story. “That IBP, a multi-billion dollar corporation, cheats the employees who work hard for them, is testament to their arrogance,” continued Goater. Ms. Goater, along with attorneys William Rutzick (also from the law firm Schroeter Goldmark & Bender) and David Mark (Law Offices of David N. Mark), represented the 815 employees during the three years of litigation.

According to the lawsuit, IBP, inc. did not treat their employees as being on the clock until they were at the assembly line handling the meat products, not paying for the time it took them to put on the cumbersome equipment required in order to perform their jobs. IBP workers routinely reported to work 30 - 45 minutes early to put on their required equipment, and spent another 20 minutes or so at the end of their shift removing, washing and storing their equipment. As a result of the work they perform, the workers, and their equipment, are often covered in animal blood, animal fat, and bits of animal carcasses.

In addition, according to the lawsuit, IBP required employees to remove and then don their contaminated equipment before and after their lunch break, but gave them no paid time to do so. In other words, by the time the employees “donned and doffed” their required attire, their lawfully mandated lunch break time was sharply curtailed.

Class Representative Maria Martinez worked for IBP for 12 years, and is pleased with the verdict. “Most of the employees who work for IBP in Pasco are hard working people. Many are legal immigrants who do hard, filthy work. The workers have families and they pay taxes. For all of us, a dollar means a lot and we should not be cheated out of receiving fair wages for doing what is required of us at our jobs.”

Martinez worries about fellow workers who no longer work at IBP, and may now be living at a new address. They could have significant money coming to them as a result of the verdict. She asks the media's help in urging the former IBP workers who were part of the lawsuit to call (800) 238-6053 to insure that the attorneys have their current address.

IBP, inc. (now owned by Tyson Foods) is the world's largest meat packing company, and the first to apply an assembly-line approach to slaughtering and packaging meats. There are 60 IBP production facilities in North America. The company also has joint operations in China, Ireland and Russia. IBP employs some 52,000 people worldwide, and last year generated sales of $16.9 billion dollars.

NOTE: Martinez and attorneys for the employees expect the verdict to be appealed. Martinez realizes that it may be years before she or her fellow employees receive any of the money awarded to them by Judge Whaley. Meanwhile, an additional lawsuit has been filed on behalf of new employees, and current employees who continue to work under conditions they consider unlawful. When asked what conditions have changed since the workers' lawsuit was filed, Goater replied, “One condition has changed, but it is one that could hardly be considered healthy for the employees. Now, instead of being required to take off their muck-covered gear before entering their lunchroom, employees have been told they can leave the blood and guts soaked garb on while they eat their lunch. IBP reasons that this saves them from having to pay employees for time spent donning and doffing their gear at their lunch breaks.”

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