Should have been more careful in snowy, slushy conditions
A driver with almost 30 years of experience was terminated after he recklessly drove his 18-wheeled transport truck too close to a fellow driver, who was standing outside his own rig.
Outside a Brampton, Ont., Coca Cola facility around 9 p.m. Feb. 2, 2016, Alfred Troisi drove his truck too close to Ed Mascunana — who had just stepped out of his truck near the loading dock area — to remove carbon dioxide placards.
Marco Visco was also working that night and he witnessed Troisi making a sharp turn around Mascunana’s truck, then revving the engine as he passed by. He said that Troisi was close enough for Mascunana to touch the truck.
“(It was) not accidental; he had all the room in the world; it was on purpose,” said Visco in a report to shift supervisor Scott Dunslow.
Visco approached a “visibly disturbed” Mascunana and they took photos of the scene, including tire tread marks on the snowy, slushy yard made by Troisi’s truck.
Video evidence from the employer showed the two trucks were close, but it was unclear exactly how much.
Mascunana said he had to squeeze close to his trailer as Troisi’s truck was passing.
“I was standing in front of my trailer removing the placard when he drove at high speed (and the truck was) two to three feet beside me; intentionally trying to hit me with the trailer,” said an incident report.
Troisi said that he didn’t realize Mascunana was standing outside his truck. “I honestly didn’t see him; I didn’t see anyone there.”
But on cross-examination, Troisi claimed to have seen Mascunana go into Visco’s truck before he reached the tractor-trailer. And he also said he saw Mascunana go inside the plant.
Troisi did acknowledge he may have been driving faster than the posted speed limit of 15 kilometres per hour, but he didn’t check his speed. He said many drivers regularly breached the speed limit.
The termination letter said Troisi violated the speed limit on a slushy surface, he didn’t observe potential hazards surrounding his tractor-trailer and he should have been more aware of Mascunana.
The Feb. 19 letter also fingered past discipline still on file, meaning Troisi should be fired “for cause” given his “past disciplinary history and the severity of his actions as it pertains to a near-miss in the workplace.”
The union, Unifor, argued no clear evidence emerged that Troisi intentionally drove carelessly around the truck. It also said by relying solely on poor quality video footage and testimony from Mascunana and Visco, that shouldn’t have been enough to see him fired.
As well, the pair had a “known animius” toward Troisi, which coloured their descriptions of the event.
Dunslow testified he was approached by Troisi at the end of the shift Feb. 2 and asked whether a person could be charged for making a false accusation against someone. Dunslow was a retired detective with 30 years’ law enforcement experience, so Troisi probably knew he was a good source for legal questions.
Troisi denied asking these questions.
“In the result, I have concluded that the grievor did make his inquiries of Mr. Dunslow before leaving the Brampton facility at the end of his Feb. 2 shift and that his asking about false accusations and the functioning of the cameras was some evidence of his appreciation of the facts that he had indeed driven so as to endanger Mr. Mascunana,” said arbitrator Derek Rogers.
The arbitrator also did not accept the evidence of Troisi regarding his failure to see or at least be mindful of Mascunana beside his trailer to be at all credible.
“He knew that Mr. Mascunana was on the ground at his vehicle when he started out.”
A lack of remorse also factored into the decision.
“Mr. Troisi knew precisely what the allegations were and yet he did not offer any expression of regret for having caused another person to say that he had attempted to run him down,” said Rogers.
“I consider the grievor’s behavior on Feb. 2, 2106, to have been akin to an assault and an act of workplace violence.”
Reference: Coca-Cola Refreshments Canada Company Brampton Plant and Unifor Local 973. Derek Rogers — arbitrator. Michael Smyth for the employer. Adam Beatty for the employee. Sept. 1, 2016.
