Through no fault of his own, Local 812 member Louis Ortiz had a string of bad luck last year that resulted in a couple of accidents. But his employer, Coca Cola, considered the accidents to be preventable.
Mr. Ortiz is a Haulage Driver and 20-year employee with Coca Cola in Elmsford, New York.
The company did a thorough investigation and, consistent with prior occurrences, terminated Ortiz for violation of the "Vehicle Accident Policy".
"Mr. Ortiz is a gentleman, comes to work everyday and does his job. He never complains, never has an issue. We take every termination and grievance very seriously," 812 Local Business Agent/Trustee Larry Debellis said. 812 Business Agent / Trustee Angel Martinez added, "While the company acknowledged that Mr. Ortiz was a good employee of many years, they also sought to apply consistent discipline while also protecting the public, their employees and their own interests."
Business Agent Jim Surdi, a former Pepsi Cola Transport Driver, and 30-year Shop Steward Tom Staropoli, the most senior Haulage Driver at Coca Cola, worked together to investigate the accidents. They believed that something was overlooked in the company's investigation.
Local 812 President Weber gave the green light to do everything necessary to help Ortiz win his employment back. Union attorneys Brian Bank and Jim Green built a case using information gathered by a RFI's (Request For Information) obtained from the company and the union's own investigation.
"If there is a crack in the armor, then our attorneys are going to find it. We are never afraid to go to arbitration. Our members' dues money is wisely spent for the best attorneys to protect our members and their way of life," explained 812 Secretary Treasurer Joe Vitta.
At the January 22 arbitration, Vice President Ulrich caucused with the company and was able to prove that the termination was not warranted and that Ortiz should return to work with no loss of seniority. Ulrich explained that the current "Vehicle Accident and Review Policy" needed updating to fit current DOT regulations and the challenges that drivers face throughout all 812 Coca Cola facilities.
Coca Cola agreed to put Louis Ortiz back to work with no loss of seniority and to also renegotiate a new accident policy in the next six months with Local 812.
"Coca Cola is willing to discuss a new policy that will ensure the safety of employees and the public, utilizing the knowledge and expertise of safe, experienced drivers like Shop Steward Staropoli," said 812 Business Agent Surdi.
Vinny Cruz, the son-in-law of Ortiz and a 812 Shop Steward in the Bronx said, "Thank you Local 812 from the bottom of our hearts, my father-in-law told me that he now knows why I love Local 812. My family and I truly appreciate all that this board has done for us."
"We are Teamsters Local 812 - nothing is insurmountable. Need I say more?" exclaimed 812 Recording Secretary John Visconti.
