IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF MISSOURI
`
`RURAL COMMUNITY WORKERS ALLIANCE
`and JANE DOE;
`
`Plaintiffs,
`
`v.
`
`CIVIL ACTION NO:
`
`SMITHFIELD FOODS, INC. AND SMITHFIELD
`FRESH MEATS CORP.,
`
`Defendants.
`
`COMPLAINT
`
`INTRODUCTORY STATEMENT
`
`1.
`
`2.
`
`Supplying the nation with food during the COVID-19 crisis is an essential task.
`
`Equally essential is the need for businesses engaged in the production and sale of food—
`
`including large corporate meat and poultry processors like Defendants Smithfield Foods, Inc. and
`
`Smithfield Fresh Meats Corp. (collectively “Smithfield”)—to ensure the safety and protection of
`
`their critical workforce, the communities within which they operate, and the public generally
`
`3.
`
`In the last month, America has seen how an employer’s failure to protect its workforce
`
`can result in disaster. Thousands of workers employed in the food supply chain around the
`
`country have fallen ill with COVID-19. They have gone on to infect family members and
`
`community members and their illnesses have strained our healthcare infrastructure. Many
`
`workers and their family members have died as a consequence of infections that have spread at
`
`workplaces in our Nation’s food supply chain.
`
`4.
`
`5.
`
`Workers employed by Smithfield are all too familiar with this phenomenon.
`
`Smithfield is one of the largest and most profitable meat producers in the United States.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 1 of 22
`
`
`FOR THE WESTERN DISTRICT OF MISSOURI
`
`RURAL COMMUNITY WORKERS ALLIANCE
`and JANE DOE;
`
`Plaintiffs,
`
`v.
`
`CIVIL ACTION NO:
`
`SMITHFIELD FOODS, INC. AND SMITHFIELD
`FRESH MEATS CORP.,
`
`Defendants.
`
`COMPLAINT
`
`INTRODUCTORY STATEMENT
`
`1.
`
`2.
`
`Supplying the nation with food during the COVID-19 crisis is an essential task.
`
`Equally essential is the need for businesses engaged in the production and sale of food—
`
`including large corporate meat and poultry processors like Defendants Smithfield Foods, Inc. and
`
`Smithfield Fresh Meats Corp. (collectively “Smithfield”)—to ensure the safety and protection of
`
`their critical workforce, the communities within which they operate, and the public generally
`
`3.
`
`In the last month, America has seen how an employer’s failure to protect its workforce
`
`can result in disaster. Thousands of workers employed in the food supply chain around the
`
`country have fallen ill with COVID-19. They have gone on to infect family members and
`
`community members and their illnesses have strained our healthcare infrastructure. Many
`
`workers and their family members have died as a consequence of infections that have spread at
`
`workplaces in our Nation’s food supply chain.
`
`4.
`
`5.
`
`Workers employed by Smithfield are all too familiar with this phenomenon.
`
`Smithfield is one of the largest and most profitable meat producers in the United States.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 1 of 22
`
`
`
`6.
`
`Yet, several plants owned and operated by Smithfield around the country have become
`
`major COVID-19 hot spots.
`
`7.
`
`Earlier this month, hundreds of employees of Smithfield’s plant in South Dakota
`
`contracted COVID-19, and Smithfield was forced to close that plant after it became the country’s
`
`leading hot spot. At least two of those employees has died.
`
`8.
`
`Also recently, workers at a Smithfield plant in Cudahy, Wisconsin raised concerns after
`
`that plant experienced more than two dozen confirmed cases.
`
`9.
`
`Notwithstanding the horrific situation facing many of its employees around the country
`
`and abundantly clear guidance from the Centers for Disease Control (CDC) and state public
`
`health officials, Smithfield continues to operate its plant in Milan, Missouri in a manner that
`
`contributes to the spread of disease.
`
`10.
`
`In direct contravention of CDC guidelines, at its Milan, MO plant Smithfield (1) provides
`
`insufficient personal protective equipment; (2) forces workers to work shoulder to shoulder and
`
`schedules their worktime and breaks in a manner that forces workers to be crowded into cramped
`
`hallways and restrooms, (3) refuses to provide workers sufficient opportunities or time to wash
`
`their hands, (4) discourages workers from taking sick leave when they are ill and even
`
`establishes bonus payments that encourage workers to come into work sick, and (5) has failed to
`
`implement a plan for testing and contact-tracing workers who may have been exposed to the
`
`virus that causes COVID-19.
`
`11.
`
`Smithfield is so unwilling to acknowledge its responsibilities to its workers and the
`
`communities where it operates that it recently blamed “certain cultures” for the spread of the
`
`disease in its South Dakota plant, rather than its failure to provide personal protective equipment,
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 2 of 22
`
`2
`
`
`
`failure to allow for hand washing and social distancing, and the policies its maintains in plants
`
`around the country to incentivize sick workers to continue coming to work.1
`
`12.
`
`Smithfield may perceive that these policies allow the company to continue producing and
`
`packaging as much pork as possible for as cheaply as possible.
`
`13.
`
`In fact, however, the costs of Smithfield’s conduct are extraordinary, but they are borne
`
`by Smithfield’s workers, their family members, and the broader community.
`
`14.
`
`Put simply, workers, their family members, and many others who live in Milan and in the
`
`broader community may die—all because Smithfield refused to change its practices in the face of
`
`this pandemic.
`
`15.
`
`Fortunately, workers and other community members at risk are not helpless in protecting
`
`themselves from this harm. Centuries-old common law principles, including the doctrine of
`
`public nuisance, allow private parties to enforce the right of the public generally to abate conduct
`
`that contributes to the spread of pestilence and disease.
`
`16.
`
`This suit does not seek money damages. All Plaintiffs seek is an injunction to force
`
`Smithfield to change its practices such that if it continues to operate, it must comply with, at a
`
`bare minimum, CDC guidance, the orders of state public health officials, and additional
`
`protective measures that public and occupational health experts deem necessary based on the
`
`particular structure and operation of the Milan plant.
`
`17.
`
`Because Smithfield will not act, the law allows Plaintiffs to seek redress to ensure the
`
`safe operation of the facility and to protect their community.
`
`1 Albert Samaha, Smithfield Foods Is Blaming ‘Living Circumstances In Certain Cultures’ For
`One of America’s Largest COVID-19 Clusters, BuzzFeed News (Apr. 20, 2020),
`https://www.buzzfeednews.com/article/albertsamaha/smithfield-foods-coronavirus-outbreak
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 3 of 22
`
`3
`
`
`
`Defendant Smithfield
`
`THE PARTIES
`
`18.
`
`Defendant Smithfield Foods, Inc. is a Virginia corporation with its headquarters in
`
`Smithfield, Virginia.
`
`19.
`
`Defendant Smithfield Fresh Meats Corp. is a Virginia corporation with its principal place
`
`of business in Smithfield, Virginia.
`
`20.
`
`21.
`
`Smithfield owns and operates a meat processing plant in Milan, Missouri (the “Plant”).
`
`Smithfield is one of the largest meat processors in the United States. It has over 50,000
`
`employees nationwide. As of late 2018, its annual revenues exceeded $15 billion.
`
`Plaintiff Jane Doe
`
`22.
`
`Plaintiff Jane Doe is participating in this action under a pseudonym because her years of
`
`experience working for Smithfield suggest to her that Smithfield is likely to retaliate against her
`
`for speaking out against the company.
`
`23.
`
`Doe resides in Milan, Missouri and has worked at Smithfield in Milan for more than 5
`
`years.
`
`24.
`
`For most of that time, she has worked on the “cut floor” where she works side-by-side
`
`with several other workers to cut and process pig meat for up to eleven hours every day.
`
`25.
`
`Doe’s work at the plant has always been grueling, repetitive, and in many cases,
`
`dangerous, but since the emergence of the COVID-19 pandemic, she has become more fearful
`
`and concerned than ever by the workplace conditions to which she is subjected while working at
`
`the Milan Plant.
`
`26.
`
`Doe is aware of at least eight co-workers who have had to stay home after displaying
`
`COVID-19 symptoms.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 4 of 22
`
`4
`
`
`
`27.
`
`Doe is scared of the potential consequences she faces for filing this lawsuit; she and her
`
`family depend on Smithfield, and she does not want to lose her job or hurt her standing with the
`
`company.
`
`28.
`
`Doe is participating in this case, notwithstanding those fears, because she considers
`
`Smithfield’s failure to follow the health and safety standards that she has heard so much about
`
`through the media—including setting up rules to allow for social distancing, hand washing, and
`
`to encourage workers to take sick leave—to present a dire threat to her health, the health of her
`
`coworkers, her family, including her children, and to her entire community.
`
`Plaintiff RCWA
`
`29.
`
`Plaintiff Rural Community Workers Alliance (“RCWA”) is a Missouri non-profit
`
`corporation with its principal place of business in Green City, Missouri.
`
`30.
`
`RCWA is a membership organization whose members consist exclusively of workers in
`
`Northern Missouri, including numerous members who work at the Plant. Seven members of
`
`RCWA’s current leadership council work at the Plant and between 60 and 70 workers who
`
`attend its meetings work at the Plant. Hundreds of the Plant’s workers have used RCWA’s
`
`services over the years.
`
`31.
`
`RCWA’s members nominate representatives to serve on the organization’s Health Action
`
`Council, which in turn sets the direction and activities of the organization.
`
`32.
`
`RCWA’s members continue to perform their essential job functions at the Plant, but they
`
`are fearful for their own health and safety and the health and safety of their families and
`
`community due to the risk of contracting COVID-19 created by Smithfield’s working
`
`environment.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 5 of 22
`
`5
`
`
`
`33.
`
`RCWA has expended significant resources and time responding on behalf of its members
`
`to Smithfield’s failure to implement adequate policies related to the COVID-19 crisis.
`
`34.
`
`Prior to COVID-19, RCWA was especially focused on (i) advocating for greater
`
`protections from repetitive stress injuries that are rampant at the Smithfield plant, (ii) advocating
`
`for increased opportunities for bathroom breaks, as employees have had to wear diapers on the
`
`line; and (iii) organizing gatherings and cultural events for the workers. RCWA’s work included
`
`educating workers on their rights, helping them obtain legal and medical support to aid treatment
`
`for the musculoskeletal problems and kidney disorders that are common at the Smithfield
`
`plant—including transporting the workers to those appointments—and developing contacts to
`
`help workers with those concerns.
`
`35.
`
`Since COVID-19, at the direction of its worker members, RCWA has diverted its
`
`resources to focus almost entirely on the immediate threat to health and safety due to COVID-19,
`
`particularly the lack of personal protective equipment, paid sick leave, and overcrowding. These
`
`were not issues that RCWA focused on in the past.
`
`36.
`
`Because COVID-19 exposure at the Plant also places families and the community at risk,
`
`RCWA has also been working on ways to protect people once workers leave the plant. This has
`
`included research and hosting virtual meetings about these issues, such as instructing workers
`
`about how to decontaminate at home. These were not concerns that RCWA addressed
`
`previously.
`
`37.
`
`38.
`
`Because Smithfield is placing its community at risk, it is also placing RCWA at risk.
`
`RCWA is a small organization with a single staff person, Axel Fuentes. Because he lives
`
`in Kirksville, near Milan, Mr. Fuentes fears for the health and safety of his family due to
`
`Smithfield’s failure to adequately respond to the COVID-19 crisis. Many Plant workers live in
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 6 of 22
`
`6
`
`
`
`Kirksville, and it has one of the few grocery stores in the area, which is frequented by people
`
`from the Plant. Mr. Fuentes and his family make reasonable efforts to protect themselves from
`
`the disease, but need to interact with the world, including walking outside and buying groceries.
`
`Mr. Fuentes also fears for the health and safety of himself and his family because his job with
`
`RCWA brings him into close contact with workers from the Plant, whom Smithfield is failing to
`
`protect. It is part of Mr. Fuentes’ job to continue to support RCWA’s worker members, including
`
`workers at the Plant. For example, Mr. Fuentes gathered signatures from workers on a letter that
`
`was sent to Smithfield on April 2 documenting unsafe conditions at the plant, and obtaining these
`
`signatures required Mr. Fuentes to come into close contact with plant workers. Providing this
`
`type of support to workers is core to Mr. Fuentes’ functions as Executive Director of RCWA.
`
`Mr. Fuentes could not fully carry out his duties without being in contact with workers in these
`
`ways, including RCWA members who work at the Plant.
`
`39. Mr. Fuentes and his family are at heightened risk for contracting COVID-19 due to the
`
`points of transmission Smithfield has created at the Plant. Mr. Fuentes’ inability to work would
`
`undermine RCWA’s ability to operate, which would place its members and the community at
`
`risk.
`
`JURISDICTION AND VENUE
`
`40.
`
`This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331(federal
`
`question) and 28 U.S.C. § 1332 (diversity).
`
`41.
`
`Plaintiffs’ claims arise under the laws of the United States because the question of
`
`whether Smithfield’s conduct violates state law involves interpreting federal rules and guidance,
`
`including guidance from the Centers for Disease Control and the U.S. Department of Homeland
`
`Security, Cybersecurity & Infrastructure Security Agency.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 7 of 22
`
`7
`
`
`
`42.
`
`The Court has diversity jurisdiction because both Plaintiffs are residents of Missouri and
`
`both Defendants are residents of Virginia with their principal place of business in Virginia.
`
`43.
`
`Furthermore, the cost to Smithfield of implementing the injunctive relief requested
`
`below, including the costs necessitated by providing proper personal protective equipment,
`
`implementing proper social distancing, providing COVID-19-related sick leave, providing
`
`additional break time, altering the configuration or speed of the line or staggering shifts, and
`
`developing and implementing a testing and contact-tracing protocol, is in excess of $75,000.00.
`
`44.
`
`Venue is proper pursuant to 28 U.S.C. § 1391 in the Western District of Missouri because
`
`the acts and omissions that are the subject of this action all occurred in the Western District of
`
`Missouri.
`
`A. The COVID-19 Pandemic
`
`STATEMENT OF FACTS
`
`45.
`
`46.
`
`COVID-19 is an infectious respiratory disease caused by a novel coronavirus.
`
`COVID-19 can result in serious, long-term health complications and has resulted in more
`
`than 40,000 reported deaths in the United States to date. Among these serious health
`
`complications, COVID-19 can cause inflammation in the lungs, clogging the air sacs in the
`
`lungs, limiting the body’s oxygen supply and blood clots, organ failure, intestinal damage, heart
`
`inflammation, problems with the liver, neurological malfunction, and acute kidney disease.
`
`47.
`
`Some populations are especially vulnerable to the consequences of COVID-19, including
`
`individuals 65 years and older, people living in a nursing home or long-term care facility, and
`
`others of all ages with underlying medical conditions, such as people with lung disease, asthma,
`
`heart conditions, severe obesity, diabetes, kidney disease, or liver disease and people who are
`
`immunocompromised.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 8 of 22
`
`8
`
`
`
`48.
`
`Some conditions that can cause compromised immunity include cancer treatment,
`
`smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or
`
`AIDS, and prolonged use of corticosteroids and other immune weakening medications.
`
`49.
`
`50.
`
`The novel coronavirus that causes COVID-19 is also highly contagious.
`
`COVID-19 appears to spread easily and sustainably across the world through
`
`“community spread.”
`
`51.
`
`Community spread means that people have been infected with the virus in an area,
`
`including some who are not sure how or where they became infected.
`
`52.
`
`The virus spreads mainly person to person, primarily through respiratory droplets
`
`produced when an infected person coughs or sneezes.
`
`53.
`
`Spread is more likely when people are in close contact with one another (within about 6
`
`feet for longer than 10 minutes).
`
`54.
`
`The virus can be spread even by people who are “asymptomatic,” meaning they carry the
`
`active virus in their body but never develop any symptoms; “pre-symptomatic,” meaning they
`
`have been infected and are incubating the virus but don’t yet show symptoms; or very mildly
`
`symptomatic, feeling unwell but continuing to come in close contact with others.
`
`55.
`
`Recent research from the CDC suggests that a single person with COVID-19 is likely to
`
`infect five or six other individuals absent aggressive social distancing practices.
`
`56.
`
`The best way to prevent illness is to avoid being exposed to this virus.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 9 of 22
`
`9
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`
`
`B. Missouri’s Response to the COVID-19 Crisis
`
`57.
`
`On March 13, 2020, Governor Parson declared a state of emergency in the State of
`
`Missouri in response to the COVID-19 crisis.2
`
`58.
`
`On April 3, 2020, the Missouri Department of Health and Senior Services issued a stay-
`
`at-home order, which limited operations for, or closed, all non-essential businesses in Missouri.3
`
`59.
`
`The stay-at-home order defined essential businesses consistent with federal guidance
`
`from the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security
`
`Agency.4
`
`60.
`
`The federal guidance defines the following category of businesses as essential businesses:
`
`Food manufacturer employees and their supplier employees—to
`include those employed in food ingredient production and
`processing facilities; livestock, poultry, seafood slaughter
`facilities; pet and animal feed processing facilities; human food
`facilities producing by-products for animal food; beverage
`production facilities; and the production of food packaging.5
`
`61.
`
`According to the federal guidance, the labeling of essential businesses is based on “key
`
`principles,” including:
`
`1. Response efforts to the COVID-19 pandemic are locally
`executed, state managed, and federally supported.
`
`2 See Mo. Exec. Order No. 20-20 (Mar. 13, 2020),
`https://www.sos.mo.gov/CMSImages/Library/Reference/Orders/2020/20-02.pdf.
`
`3 See https://governor.mo.gov/priorities/stay-home-order.
`
`4 See
`https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_
`Infrastructure_Workforce_Version_2.0_Updated.pdf.
`
`5 Id. at 6 (emphasis added).
`
`10
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 10 of 22
`
`
`
`2. Everyone should follow guidance from the CDC, as well as
`State and local government officials, regarding strategies to limit
`disease spread.
`
`3. Workers should be encouraged to work remotely when possible
`and focus on core business activities. In-person, non-mandatory
`activities should be delayed until the resumption of normal
`operations.
`
`4. When continuous remote work is not possible, businesses
`should enlist strategies to reduce the likelihood of spreading the
`disease. This includes, but is not necessarily limited to,
`separating staff by off-setting shift hours or days and/or social
`distancing. These steps can preserve the workforce and allow
`operations to continue.
`
`5. All organizations should implement their business continuity
`and pandemic plans or put plans in place if they do not exist.
`Delaying implementation is not advised and puts at risk the
`viability of the business and the health and safety of the
`employees.6
`
`C. The Centers for Disease Control Response to the COVID-19 Pandemic
`
`62.
`
`In response to the COVID-19 crisis, the CDC published guidance for employers and
`
`employees, including Interim Guidance for Businesses and Employers to Plan and Respond to
`
`Coronavirus Disease 2019 (COVID-19).7
`
`63.
`
`The purpose of the guidance is “help prevent workplace exposures to COVID-19, in non-
`
`healthcare settings” and to “provide[] planning considerations for community spread of COVID-
`
`19.” Id.
`
`64.
`
`The following is a summary of some of these guidelines:
`
`Employees who have symptoms should stay home and
`1.
`employers should develop flexible leave policies to allow
`
`6 Id. at 3-4 (emphasis added).
`
`7 See https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 11 of 22
`
`11
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`
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`employees to stay home, particular by creating non-punitive leave
`sick leave policies;
`
`Employers should not require a positive COVID-19 test or
`2.
`a healthcare provider’s note for employees to take sick leave;
`
`Sick employees should not return to work except in
`3.
`consultation with independent health care providers and state and
`local health departments;
`
`Employers should reduce face-to-face contact between
`4.
`employees;
`
`Employers should take steps to reduce transmission at the
`5.
`workplace by reassigning work tasks to maintain social distance of
`six-feet, staggering shifts, or allowing telework;
`
`Employers should establish policies to minimize spread
`6.
`through a workplace by using contact-tracing and testing to
`identify workers who have likely been exposed to the disease and
`quarantining infected workers;
`
`Employees should be encouraged to wash their hands and
`7.
`employers should facilitate this by providing hand washing
`stations;
`
`8.
`
`9.
`
`Employers should provide tissues;
`
`Employers should increase ventilation rates; and
`
`10.
`
`Employers should develop plans to clean high touch areas with an EPA-
`approved cleaning agent.8
`
`65.
`
`In addition, the CDC recommends that all Americans wear cloth face coverings in public
`
`settings where other social distancing measures are difficult to maintain.9
`
`8 Id.
`
`9 See https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover.html
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 12 of 22
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`12
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`
`
`D. Smithfield Has Failed to Respond to the COVID-19 Crisis by Satisfying Even these
`Minimum Public Health Standards
`
`66.
`
`After the issuance of the Missouri stay at home order, the Milan Plant remained open as
`
`an “essential business.”
`
`67.
`
`On April 2, 2020, seventy workers at the Plant sent a letter in which they explained they
`
`were being put at risk: they had no masks, the plant had no social distancing plan, workers were
`
`punished for trying to cover their mouths when they coughed or sneezed and provided no tissues,
`
`and Smithfield was punishing workers who took sick leave.
`
`68. Much of this remains true today.
`
`69.
`
`It was not until April 16, 2020 that any of the workers at the Milan plant reported
`
`receiving masks. Even then, those masks were only distributed to workers who divide the
`
`carcasses (the “cut floor”). Workers who strip the animal down to a carcass (on the “kill floor”)
`
`did not receive masks until April 17, 2020.
`
`70.
`
`As of April 20, 2020, most of the workers in the Plant were receiving only one simple
`
`surgical mask from Smithfield every week. Smithfield has explained to some workers they can
`
`only receive a new mask if the first one broke.
`
`71.
`
`Smithfield still allows members of the Plant cleaning crew to enter, move around the
`
`workstations, and use the cafeteria and locker rooms without masks.
`
`72. Meat moves through the Plant from the point of slaughter on a conveyer belt along which
`
`workers are stationed. Each worker is assigned a particular task to dismember the animal. The
`
`animal then is transferred to another area of the plant where workers similarly stand side-by-side
`
`to break down the animal into pieces for shipment. Finally, the animal is transferred to a packing
`
`area.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 13 of 22
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`13
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`
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`73.
`
`To process as much meat as possible, as quickly and cheaply as possible, Smithfield
`
`packs many workers together in cramped spaces along processing lines.
`
`74. Workers on the kill and cut floors have long described their fear of being cut by their
`
`neighbors’ knives because they work so closely together.
`
`75.
`
`Even workers in packaging describe so little space to move that they regularly bump into
`
`one another.
`
`76.
`
`On both the kill and cut floors workers continue to work shoulder-to-shoulder, even while
`
`the rest of society exists under strict social distancing.
`
`77.
`
`In fact, in an effort to continue processing as much meat as possible as cheaply as
`
`possible, Smithfield forces many workers to work so closely together that they are literally
`
`touching.
`
`78.
`
`Smithfield has made no effort to alter any of these conditions. Although Smithfield has
`
`posted signs saying to avoid close contact with people who are sick, on the lines and in the
`
`packing areas workers are currently, regularly forced to stand significantly less than six feet
`
`apart.
`
`79.
`
`Smithfield has installed “Plexiglas dividers” between some workers on the lines, but
`
`Smithfield failed to consider workers’ varying heights, so the Plexiglas does not cover all
`
`workers’ faces.
`
`80. Many workers continue to work immediately next to their neighbors without any
`
`Plexiglass dividers, leading them to come into physical contact with one another on the line.
`
`81.
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`If Smithfield slowed the line, workers, including RCWA members, could be spaced
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`farther apart and have time to take effective preventive measures, like wiping spittle from their
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`mouths and covering their mouths when they cough or sneeze.
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`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 14 of 22
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`14
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`
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`82.
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`However, since the closure of other Smithfield plants due to pandemic flare ups,
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`Smithfield has only increased the line speed at the Milan Plant, placing more pressure on its
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`workers at the Milan Plant and subjecting them to greater risk of disease.
`
`83.
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`Smithfield also implements punitive measures to ensure its preferred line speed is
`
`maintained, including that missing even one piece of meat to clean one’s face could result in
`
`punitive employment action.
`
`84.
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`On the lines, workers, including RCWA members, are still not provided tissues or other
`
`materials to wipe away fluids that might come out during coughing or sneezing.
`
`85.
`
`Although Smithfield has erected some hand cleaning stations, it has not provided
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`workers, including Jane Doe and RCWA members, with any additional break time to wash their
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`hands or to use hand sanitizer.
`
`86.
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`At times, Smithfield has sent people onto the line with sanitizer for the workers, but they
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`will only spray workers’ gloves, not their hands, allowing the worker to return to work as quickly
`
`as possible.
`
`87.
`
`This means that workers can go several hours performing grueling, monotonous work,
`
`shoulder to shoulder and sometimes even touching their coworkers, often without time to even
`
`cover their mouths when they sneeze or cough, and without any time to wash or sanitize their
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`hands.
`
`88.
`
`Things are not much better off the line. While entering and leaving work and during
`
`breaks and lunch, workers, including Jane Doe and RCWA members, are forced to crowd into
`
`cramped hallways, including when they clock in and clock out for work.
`
`89.
`
`Furthermore, Smithfield has started taking workers’ temperatures before they enter but it
`
`allows a close line to form while workers wait to be checked.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 15 of 22
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`15
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`
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`90.
`
`Smithfield has not made efforts to stagger rest or meal breaks, meaning that while off the
`
`line, workers are cramped closely into hallways, bathrooms, and the cafeteria.
`
`91.
`
`Although Smithfield did expand the cafeteria and has hung signs recommending
`
`distancing there is still not enough space within the cafeteria for workers to sit six feet apart.
`
`92. Moreover, while Smithfield has installed Plexiglas down the center of the cafeteria tables,
`
`it has not provided protection for workers sitting side-by-side.
`
`93.
`
`Smithfield also continues to discourage workers from taking sick leave and encourages
`
`them to come into work sick.
`
`94. When the first reports of COVID-19 symptoms began to emerge at the Plant, some
`
`workers were scared and called in sick.
`
`95.
`
`Immediately after that, Smithfield began incentivizing workers not to take leave from
`
`work. Most importantly, early in the pandemic Smithfield offered a $500 bonus to all of its
`
`workers, but with an important catch: the bonus would not be available to any worker who
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`misses a shift for any reason between April 1 and May 1.
`
`96.
`
`97.
`
`Smithfield even offered workers a free lunch at which Smithfield promoted the bonus.
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`The image below is of a poster that remains posted inside the Plant:
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`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 16 of 22
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`16
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`
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`98.
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`Translated into English, the poster reads:
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`Heroes come in many forms. #ThankaFoodWorker
`
`At Smithfield, we accept responsibility in everything we do. And we reward those who accept
`responsibility. As a show of our gratitude, you will receive a Responsibility Bonus of $500, paid
`the 15th of May 2020. To the members of our team who are crucial in our nation’s response to
`COVID-19, thank you!
`
`Note: To qualify for the Responsibility Bonus, you must work all scheduled hours and
`not receive a single attendance point between 4/1/20 and 5/1/20
`
`99.
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`Jane Doe and RCWA’s members cannot afford to lose their jobs, and $500 represents a
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`significant amount of money for them.
`
`100. Milan does not offer many employment opportunities other than the Plant, and Smithfield
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`is the largest employer in the area.
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`101. Many of the workers have families, including children they need to support, and many
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`are currently living paycheck-to-paycheck. The $500 bonus is a substantial incentive for workers
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`to continue working at the Plant even when they are experiencing symptoms.
`
`102.
`
`It is also unclear whether Smithfield will take negative actions, such as awarding a
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`negative attendance “point,” against employees who voluntarily quarantine.
`17
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 17 of 22
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`
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`103.
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`Typically, Smithfield does not provide sick leave and assigns a “point” for any shift
`
`missed. If a worker receives 9 points in a year, Smithfield can take disciplinary action, including
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`terminating workers.
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`104. At least some workers report that Smithfield has said it will continue to assign points if a
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`worker displaying COVID-19 symptoms stays home, as recommended by the CDC, unless
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`Smithfield or a doctor order the worker to stay home.
`
`105.
`
`Finally, Smithfield has not implemented any policies that allow it to contact trace or test
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`workers who have symptoms of the disease or have come into contact with the disease.
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`106. Workers at the Plant work long and hard days and often have very little information
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`about the lives of their hundreds of coworkers.
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`107. But Smithfield knows precisely who is reporting symptoms and who has tested positive
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`for the disease. Neither Jane Doe nor RCWA are aware, however, of any efforts by Smithfield to
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`perform contact tracing to identify other workers who may have come into contact with the
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`disease, including workers who have worked immediately side-by-side with infected workers.
`
`COUNT I: PUBLIC NUISANCE AND DECLARATORY JUDGMENT PURSUANT TO
`28 U.S.C. § 2201
`
`(BY JANE DOE AND RCWA AGAINST ALL DEFENDANTS)
`
`108.
`
`Smithfield’s failure to comply with minimum basic health and safety standards in its
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`workplace, including the CDC guidelines and other minimum public health standards necessary
`
`to stop the spread of COVID-19, is causing, or is reasonably certain to cause, community spread
`
`of the disease.
`
`Case 5:20-cv-06063-DGK Document 1 Filed 04/23/20 Page 18 of 22
`
`18
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`
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`109.
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`This community spread is not or will not be limited to the Plant. Infected workers will go
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`home to interact with their families and with other members of the public as they undertake their
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`day-to-day activities, like grocery shopping.
`
`110.
`
`Thus, increased community spread at the Plant will cause increased community spread in
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`the cities of Milan and Kirksville, Sullivan and Adair Counties, the State of Missouri, and the
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`United States.
`
`111.
`
`This community spread will result in disease and possibly death. It will also stress
`
`healthcare resources and cause financial harm.
`
`112. As a result, Smithfield’s current operations constitute a public nuisance because they
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`unreasonably interfere with the common public right to public health.
`
`113.
`
`The public nuisance causes special harm to Jane Doe, RCWA members, and RCWA
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`because they are directly exposed to the dangerous working conditions at the Plant.
`
`114.
`
`Indeed, multiple members of the Plant workforce are currently self-quarantined because
`
`of COVID-19 symptoms.
`
`115.
`
`This public nuisance causes special harm to Jane Doe because of the risks she will be
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`exposed to at work or in the community, requiring her to quarantine, losing income, and putting
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`anyone she may come into close contact with at risk.
`
`116.
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`This public nuisance causes special harm to RCWA and puts RCWA at risk of even
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`greater special harm because of the resources it must spend to help its members cope with the
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`nuisance.
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`117.
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`Plaintiffs therefore request a declaration that the Plant constitutes
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