Case 3:15-cv-00758-P Document 1 Filed 03/06/15

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JAMES THOMPSON, LEE FITCH,
CHRIS HARRISON, JONATHAN NELSON,
WILLIAM PURVIANCE, individually
and on behalf of similarly situated employees,
Plaintiffs,
-vINTERNATIONAL PAPER COMPANY
Defendant.

Civil Action No. ____________________

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION

TO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE:
NOW COMES Plaintiffs, James Thompson, Lee Fitch, Chris Harrison, Jonathan Nelson,
William Purviance, individually and on behalf of all other similarly situated employees (Intl
Employees), and files this, Plaintiffs Original Complaint Collective Action, and respectfully
shows the following:
I.
SUMMARY
This is a simple case of wage theft. International Paper Company (Intl Paper or
Defendant) failed to pay its employees overtime wages. Intl Paper, at its Grand Prairie Bag
Facility, did this by failing to comply with the terms and conditions of the collective bargaining
agreement (the CBA) entered into with the Union Steelworkers and Local Union No. 895
(collectively the Union).

Under this agreement, Intl Paper and the Union defined

compensable time to include lunch periods of thirty (30) minutes for [n]on-production
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employees on [] three (3) shift operations. Including these lunch periods, non-production
employees who worked three shift operations in a week worked over forty hours for that week.
However, Intl Paper failed to pay its non-production employees by deducting their compensable
lunch periods from their weekly time figures. Thus, Intl Employees are owed overtime pay for
the 30-minute lunch breaks taken while working three (3) shift operations each week.
Plaintiffs bring suit under the FLSA on behalf of themselves and similarly situated nonproduction Intl Employees. Plaintiffs seek overtime wages owed to them, as well as liquidated
damages, attorneys fees, and all other relief permitted. The putative class is all non-production
Intl Employees at the Grand Prairie Bag Facility who are or were employed by Intl Paper, are
or were covered by the CBA, and were not compensated for lunch periods in accordance with
Article XXI of the CBA anytime during the past three years.
II.
JURISDICTION AND VENUE
1.

This Court has original jurisdiction to hear this complaint and to adjudicate the

claims stated herein under 28 U.S.C. 1331, this action being brought under the Federal Fair
Labor Standards Act, 29 U.S.C. 201 et seq. (FLSA).
2.

Venue is proper in this District under 28 U.S.C. 1391(b)(2) because a

substantial part of the events or omissions giving rise to this claim occurred in this District.
III.
PARTIES
3.

Plaintiff James Thompson is a resident of Texas and worked as a maintenance

mechanic for Defendant in Grand Prairie, Texas. Mr. Thompson worked for Intl Paper and has
engaged in commerce as required by the FLSA, 29 U.S.C. 206-07.

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4.

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Plaintiff Lee Fitch is a resident of Texas and worked maintenance for Defendant

in Grand Prairie, Texas. Mr. Fitch worked for Intl Paper and has engaged in commerce as
required by the FLSA, 29 U.S.C. 206-07.
5.

Plaintiff Chris Harrison is a resident of Texas and worked as a shipping

coordinator for Defendant in Grand Prairie, Texas. Mr. Harrison worked for Intl Paper and has
engaged in commerce as required by the FLSA, 29 U.S.C. 206-07.
6.

Plaintiff Jonathan Nelson is a resident of Texas and worked as a shipper for

Defendant restaurant in Grand Prairie, Texas. Mr. Nelson worked for Intl Paper and has
engaged in commerce as required by the FLSA, 29 U.S.C. 206-07.
7.

Plaintiff William Purviance is a resident of Texas and worked as a shipper for

Defendant in Grand Prairie, Texas. Mr. Fitch worked for Intl Paper and has engaged in
commerce as required by the FLSA, 29 U.S.C. 206-07.
8.

Plaintiffs brings this action on behalf of themselves and other similarly situated

employees pursuant to 29 U.S.C. 216(b). Plaintiffs and the similarly situated employees are
individuals who are or were employed by Defendant at the Grand Prairie Bag Facility, are or
were designated as non-production employees, and are or were covered by Article XXI of the
CBA in the past three years. The putative class has been engaged in commerce as required by
the FLSA, 29 U.S.C. 206-07.
9.

Defendant, International Paper Company, is a company doing business in the

Northern District of Texas. Defendant is an employer within the meaning of FLSA, 29 U.S.C.
203(d), an enterprise within the meaning of FLSA, 29 U.S.C. 203(r), and engaged in
commerce within the meaning of FLSA, 29 U.S.C. 203(s)(1). Defendant, International Paper

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Company, may be served with process by serving its Registered Agent, CT Corporation System,
at 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
IV.
COLLECTIVE ACTION FACTS
10.

Mr. Thompson, Mr. Fitch, Mr. Harrison, Mr. Nelson, and Mr. Purviance

(collectively, Named Plaintiffs) worked for Defendant during the relevant time period.
11.

Named Plaintiffs work at the Grand Prairie Bag Facility of Intl Paper located at

1302 West N. Carrier Parkway, Grand Prairie, Texas 75050.

12.

Named Plaintiffs are all covered by the CBA entered into between Intl Paper and

the Union.
13.

Named Plaintiffs are all non-production employees.

14.

Intl Paper paid Mr. Thompson an hourly wage of $25.57. However, there were

occasions when Mr. Thompsons hourly rate was greater than $25.57, as he was required to work
second shift with a pay differential of +0.22.
15.

Mr. Thompson also received overtime pay at a rate of $38.355 per hour (1.5 times

the normal rate). This is a number that would be adjusted when he would work second shift,
which carried the +0.22 pay differential.
16.

Intl Paper did not pay Mr. Thompson for his compensable thirty (30) minute

lunch periods in accordance with the CBA.

17.

Mr. Thompson regularly worked more than 40 hours per week.

18.

Mr. Thompson regularly worked three (3) shift operations, which would make 30-

minute lunch periods during those operations compensable time under the CBA and therefore
compensable time under the FLSA.
19.

Intl Paper paid Mr. Fitch an hourly wage of $25.22.

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20.

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Mr. Fitch also received overtime pay at a rate of $37.83 per hour (1.5 times the

normal rate).
21.

Intl Paper did not pay Mr. Fitch for his compensable thirty (30) minute lunch

periods in accordance with the CBA.

22.

Mr. Fitch regularly worked more than 40 hours per week.

23.

Mr. Fitch regularly worked three (3) shift operations, which would make 30-

minute lunch periods during those operations compensable time under the CBA and therefore
compensable time under the FLSA.
24.

Intl Paper paid Mr. Harrison an hourly wage of $17.77.

25.

Mr. Harrison also received overtime pay at a rate of $26.655 per hour (1.5 times

the normal rate).

26.

Intl Paper did not pay Mr. Harrison for his compensable thirty (30) minute lunch

periods in accordance with the CBA.

27.

Mr. Harrison regularly worked more than 40 hours per week.

28.

Mr. Harrison regularly worked three (3) shift operations, which would make 30-

minute lunch periods during those operations compensable time under the CBA and therefore
compensable time under the FLSA.
29.

Intl Paper paid Mr. Nelson an hourly wage of $15.34.

30.

Mr. Nelson also received overtime pay at a rate of $23.01 per hour (1.5 times the

normal rate).
31.

Intl Paper did not pay Mr. Nelson for his compensable thirty (30) minute lunch

periods in accordance with the CBA.

32.

Mr. Nelson regularly worked more than 40 hours per week.

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33.

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Mr. Nelson regularly worked three (3) shift operations, which would make 30-

minute lunch periods during those operations compensable time under the CBA and therefore
compensable time under the FLSA.
34.

Intl Paper paid Mr. Purviance an hourly wage of $15.32

35.

Mr. Purviance also received overtime pay at a rate of $22.98 per hour (1.5 times

the normal rate).

36.

Intl Paper did not pay Mr. Purviance for his compensable thirty (30) minute

lunch periods in accordance with the CBA.

37.

Mr. Purviance regularly worked more than 40 hours per week.

38.

Mr. Purviance regularly worked three (3) shift operations, which would make 30-

minute lunch periods during those operations compensable time under the CBA and therefore
compensable time under the FLSA.
39.

At any given time during the last three years, Intl Papers Grand Prairie Bag

Facility employed other non-production employees covered by the CBA.

40.

Other non-production Intl Employees at the Grand Prairie Bag Facility also

regularly worked more than forty hours in each workweek.

41.

Other non-production Intl Employees at the Grand Prairie Bag Facility regularly

worked three (3) shift operations and were not compensated for their lunch breaks in
accordance with the terms of the CBA.
42.

This practice and policy of denying Intl Employees overtime pay was applied to

all non-production employees covered by Article XXI of the CBA, which provides compensation
for thirty (30) minute lunch breaks when working three (3) shift operations.

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43.

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Prior to filing suit Intl Paper was made aware of its failure to pay its non-

production employees for their compensable lunch breaks.

44.

After being made aware of its failure to properly pay overtime wages, Intl Paper

failed to compensate its non-production employees for their lost overtime wages.
45.

All conditions precedent to the filing of this lawsuit have been satisfied and

fulfilled.
V.
COLLECTIVE FAIR LABOR STANDARDS ACT VIOLATIONS
46.

Plaintiff realleges and incorporates the allegations contained in Paragraphs 1

through 44 as if fully restated herein.

47.

Named Plaintiffs and other non-production Intl Employees were suffered or

permitted to work by Defendant during the relevant time period.

48.

Defendant employed Named Plaintiffs and other similarly situated Intl

Employees.
49.

Defendant is engaged in commerce.

50.

Defendant is responsible for these alleged violations of the FLSA.

51.

Named Plaintiffs and other non-production Intl Employees were considered by

Defendant to be hourly employees.

52.

As a matter of practice and policy, Defendant denied overtime pay to its non-

production Intl Employees.

53.

By failing to provide overtime pay, Defendant violated the Federal Fair Labor

Standards Act.
54.

Defendant knew, had reason to know, or showed reckless disregard for the fact

that its failure to pay overtime violated the law.

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55.

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Because of the actions of Defendant, Named Plaintiffs and other Intl Employees

suffered damages within the jurisdictional limits of this Court.

56.

Plaintiffs bring this case as a collective action pursuant to 216(b) of the FLSA.

Plaintiffs allege that the FLSA violations were applicable site wide.
57.

Named Plaintiffs are representative of those similarly situated individuals who are

current or former employees of Intl Papers Grand Prairie Bag Facility, who are or were
employed by Intl Paper and covered by Article XXI of the CBA as non-production employees.
58.

Named Plaintiffs attach their Consent Forms.

VI.
DAMAGES

59.

Plaintiffs seeks all damages allowed under the Fair Labor Standards Act,

including:
A.

Issuance of notice as soon as possible to all Intl Employees who were employed
by Defendant during any portion of the three years immediately preceding the
filing of this action. Generally, this notice should inform them that this action has
been filed, describe the nature of the action, and explain their right to opt into this
lawsuit;

B.

Judgment against Defendant for an amount equal to Plaintiffs and the classs
unpaid overtime wages;

C.

Judgment against Defendant that their violations of the FLSA were willful;

D.

An equal amount to the wage damages as liquidated damages;

E.

To the extent that liquidated damages are not awarded, an award of prejudgment
interest;

F.

All costs incurred and reasonable attorneys fees for prosecuting these claims;

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G.

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Leave to add additional Plaintiffs by motion, the filing of written consent forms,
or any other method approved by the Court;

H.

Leave to amend to add claims, including any claims under applicable state laws;

I.

An incentive award to the Named Plaintiffs; and

J.

For such further relief as the Court deems just and equitable.

WHEREFORE, premises considered, Plaintiffs respectfully pray that Defendant be

summoned to appear and that, upon a trial on the merits, all relief requested be awarded to
Plaintiffs and similarly situated employees, and for such other and further relief to which
Plaintiffs are justly entitled.
VII.
JURY DEMAND
Plaintiffs seek to have this matter tried before a jury.

Dated: March 6, 2015

Respectfully submitted,
ROB WILEY, P.C.
/s/ Kalandra N. Wheeler
By: ________________________________
Robert J. Wiley
Texas Bar No. 24013750
Board Certified Specialist Labor & Employment
Law, Texas Board of Legal Specialization
Kalandra N. Wheeler
Texas Bar No. 24051512
ROB WILEY, P.C.
1825 Market Center Blvd., Ste. 385
Dallas, Texas 75207
Telephone: (214) 528-6500
Facsimile: (214) 528-6511
E-mail: kwheeler@robwiley.com

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