Tyson and Wal-Mart Under Constant Scrutiny

The National Labor Relations Board and the U.S. Department of Labor have cited wrongdoings recently at Wal-Mart Stores Inc. of Bentonville and Tyson Foods Inc. of Springdale, respectively. This has only fueled the United Food and Commercial Workers Union’s attempt to unionize those companies.

In January, the DOL released results of a survey conducted in 51 poultry processing plants around the country, including Tyson plants.

The survey found:

100 percent of the plants surveyed failed to pay workers for all hours worked.

66 percent of poultry workers nationally are underpaid by the industry.

65 percent of workers were improperly denied overtime wages.

35 percent of poultry workers had illegal deductions taken from their paychecks.

Tyson spokesman Ed Nicholson said the survey’s findings are misleading. He said much of the debate was over when employees are actually “on the clock.” When an employee puts a hairnet or smock on while on the premises it takes a few minutes before he or she reaches the time clock. The unions claim those few minutes add up to significant time loss over the course of a year.

Also in January, the NLRB issued a complaint charging Wal-Mart Stores Division CEO Tom Coughlin and other managers with violations of federal law in the period before a scheduled union representation election at the company’s Kingman, Ariz., store. The federal complaint contends Coughlin and the other managers “interfered with, restrained, or coerced, and is continuing to interfere with, restrain or coerce employees in violation of federal law.”

Among the NLRB complaints were Wal-Mart’s illegal surveillance of its employees, illegally soliciting complaints from workers, and making implied promises to remedy problems as a way to dissuade support for the union. Managers also illegally threatened workers with loss of benefits such as their store profitability bonus and discount card, and made changes to working conditions to discourage workers from organizing.

“Wal-Mart would rather break the law in order to break its employees’ will to exercise their federal right for a free and fair voice on the job,” said Mike Leonard, UFCW Director of Strategic Programs. “Bentonville executives like Tom Coughlin think they are above the law. Now, the Labor Board is setting the record straight that Wal-Mart breaks the law and then lies to the public.”

The UFCW Web site states, “Since Sam Walton died, employee voices aren’t heard in Bentonville, and his successors have resorted to legal and illegal actions to delay, discourage, or prevent its employees from gaining a voice.”

— Kyle Mooty

Highest percentage of Tyson unionized plants

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Plant — Employees — Union members — (percentage)

Chicago — 820 — 771 — (94)

Noel, Mo. — 1,211 — 1,102 — (91)

Berlin, Md. — 559 — 486 — (87)

Corydon, Ind. — 550 — 368 — (67)

Center, Texas — 1,184 — 722 — (61)

Carthage, Texas — 748 — 411 — (55)

Jackson, Miss. — 879 — 466 — (53)

Hope — 1,308 — 680 — (52)

Pine Bluff (2nd street ) — 223 — 192 — (52)

Albertville, Ala. — 914 — 384 — (42)

Glen Allen, Va. — 1,077 — 334 — (31)

Cleveland, Miss. — 612 — 190 — (31)

Ashland, Ala. — 789 — 229 — (29)

Dardanelle — 1,205 — 289 — (24)

NOTE: Tyson Foods has 66,046 hourly employees. Of those, only 7,198 (or 10.9 percent) are dues-paying members covered by collective bargaining.

Source: Tyson Foods Inc.