Tropicana - Tropicana Products - Tropicana Manufacturing Bradenton Plant - PepsiCo - QTG Management Known unsafe conditions left uncorrected lead to employee reprimand and discharge Bradenton Florida

Tropicana / PepsiCo / QTG Attitude = "above The Law" REFUSES TO COMPLY with BINDING ARBITRATION decision! Bradenton Florida

Note: Please see all of the other reports here on ROR against Tropicana / PepsiCo / QTG / Quaker Oats / Frito Lay.

OK people...sorry I have been gone so long, but I was under the orders of the Arbitrator to keep case details off here until after the decision is rendered.

I have been in compliance with that order 100%.

The Arbitrator's decision [IN MY FAVOR] was rendered early this week according to my Union Representative, and I was contacted early today.

The order was effectively a 100% "Make Whole" remedy which includes reinstatement to my position.

That was good news, and I was anxious to wrap all of this up and get back to work, right?

Not so fast..

Bill Woolston, a VP of HR for PepsiCo at Tropicana contacted my Union representative at Teamsters Local 173 and stated that they REFUSE TO COMPLY with the Arbitrator's ruling and are preparing to APPEAL to a CIVIL COURT!

This is a perfect example of big business executives who think they are "above the law"!!

After all, both parties involved here signed an agreement to end this dispute via binding arbitration. We did that. I won. Now, they have proven that they went into this with the full intent to do whatever they want, despite a legal order.

However, it appears that my UNION will remain VIGILANT in this matter and fight the appeal. I will keep you posted.

ALSO...Keep in mind that I recieved a "RIGHT TO SUE" determination from the USDOL / OFCCP on 10-23-2007.

This was after a year+ long investigation into the discriminatory and retaliatory practices they engaged in against me over the past
So, TWO official processes have determined that I was done wrong.

And..The EEOC is still investigating.

But Tropicana / Pepsico / QTG feels they are "above the law" and untouchable. They simply refuse to be held accountable...By ANYONE!

Well...Time to go bother a JUDGE! As if our judges are not already overworked.

Thanks for hearing me out.

I will keep you all posted.

ps..If anyone out there has had a similar experience with a PepsiCo owned company, I really need to know. This includes Pepsico, Tropicana, Frito Lay, Gatorade, Quaker , and a few others. PLEASE COME FORWARD!! or at least post your story here!!

Steve

Bradenton, Florida

As of today, my EEOC complaint for the retaliation that followed my OSHA complaints is still open. I feel strongly that I was terminated due to these legitimate complaints.

Teamsters Local 173 has a date set for ARBITRATION in August 2008.

At the request of the Union, and the Attorney for the Union, and the USDOL/OFCCP investigator, I am prohibited from posting any new information here about Tropicana or its management.

I will follow that advice.

Thank you all for your input in this case.

As of today, my EEOC complaint for the retaliation that followed my OSHA complaints is still open. I feel strongly that I was terminated due to these legitimate complaints.

Teamsters Local 173 has a date set for ARBITRATION in August 2008.

At the request of the Union, and the Attorney for the Union, and the USDOL/OFCCP investigator, I am prohibited from posting any new information here about Tropicana or its management.

I will follow that advice.

Thank you all for your input in this case.

As of today, my EEOC complaint for the retaliation that followed my OSHA complaints is still open. I feel strongly that I was terminated due to these legitimate complaints.

Teamsters Local 173 has a date set for ARBITRATION in August 2008.

At the request of the Union, and the Attorney for the Union, and the USDOL/OFCCP investigator, I am prohibited from posting any new information here about Tropicana or its management.

I will follow that advice.

Thank you all for your input in this case.

As of today, my EEOC complaint for the retaliation that followed my OSHA complaints is still open. I feel strongly that I was terminated due to these legitimate complaints.

Teamsters Local 173 has a date set for ARBITRATION in August 2008.

At the request of the Union, and the Attorney for the Union, and the USDOL/OFCCP investigator, I am prohibited from posting any new information here about Tropicana or its management.

I will follow that advice.

Thank you all for your input in this case.

Parker,

I see your point on this. One could interpret that statement that way.

Let me clarify.

The long hours were not allowing me accomodation for my known rated disability. Even after me bringing it up, I was retaliated against. No effort was ever made to accomodate me in any way.

It was an automatic "no". Can't do it.

However, thanks for your input. Sorry for the misunderstanding. I will try to be more concise in the future.

You wrote to Steven....

"Where did you get the idea that said anything about 'physical stress is getting to me'. I never said that to anyone, and that was never the problem. Learn how to read."

"I was hired with a known rated disability. I am a 30% rated Disabled Veteran. My injuries, disclosed at time of hire, are 3 damaged disks [L-4, L-5, & S-1], as well as both knees and both ankles.

After many back to back long shifts and coming off a 15 hr shift at 6AM on 5-31-06, I was in great pain and was experiencing loss of mobility due to the lack of proper rest between shifts for adequate recovery time for my back. I simply walked in to the plant medical office and asked what was available for a work hour modification. I was immediately 'removed' from the job without anything in writing or status given. I was out of work 11 weeks. I filed a grievance and was re-instated with full back pay, seniority, shift, etc."

Sure sounds like you just said the long hours were putting physical stress on you. and i quote "After many back to back long shifts and coming off a 15 hr shift at 6AM on 5-31-06, I was in great pain and was experiencing loss of mobility due to the lack of proper rest between shifts for adequate recovery time for my back." If that isnt physical stress due to performance at your place of employment I dont know what is. Try keeping up with what you post steve, here you cant double back on what you say, unlike how youre accustomed to in real life.

Good luck anyway Steve, stick it to em' good. Just try not to choke on your words.

Steven,

You are only reading 1 thread in a series of TROPICANA legal and ethical violations.

TROPICANA BRADENTON PLANT HR is the ONLY problem here. FYI.. Like I made very clear in my initial posts, I liked my job and everyone I worked with. It was a good job. In that respect, I do regret the path this has taken. The job itself was good, as were the pay and benefits.

However, would you let someone steal $5000 from you? That is what Tropicana HR did to me. Did you ever hear of the ADA? TROPICANA HR blatantly violated my rights due to arrogance and incompetence.

I was hired with a known rated disability. I am a 30% rated Disabled Veteran. My injuries, disclosed at time of hire, are 3 damaged disks [L-4, L-5, & S-1], as well as both knees and both ankles.

After many back to back long shifts and coming off a 15 hr shift at 6AM on 5-31-06, I was in great pain and was experiencing loss of mobility due to the lack of proper rest between shifts for adequate recovery time for my back. I simply walked in to the plant medical office and asked what was available for a work hour modification. I was immediately "removed" from the job without anything in writing or status given. I was out of work 11 weeks. I filed a grievance and was re-instated with full back pay, seniority, shift, etc.

Then as soon as I was re-instated, I was laid off! Then They fought me in getting work from the out of work list. Retaliation is the only answer.

Now, I get back to work. Everything is fine. I work a few months and once again the long hours and lack of proper recovery time are a problem. I go to the doctor and schedule treatments. I am on 2nd shift so I schedule them BEFORE MY SCHEDULED SHIFT. As soon as I do this, all of a sudden I am now scheduled forced overtime, to come in 4 hours early every day! Now I cannot get my medical care that I really need.

I identify this problem and my doctor writes a letter. They deny the request. Then my doctor writes an 8 hour duty restriction. They deny this and threaten to take me off the job if I cannot work whatever hours they need. So now I file a written request for reasonable accomodation under the ADA to get my care. This is only 1 hour, twice per week, but the series cannot be broken, as 10 -14 treatments are needed.

Within the hour they deny my legal request for reasonable accomodation under the ADA , AND, once again they take me off the job. Again with no status, etc. They illegally tell me that I am a workmans comp risk and will never return to my job. Jenny Williams is the genius who made that statement, and also that I had 2 choices. I could take voluntary layoff [which means I would never get recalled], or I could go out on short term disability [which means I would never come back].

I was out of work 15 weeks, and they paid me for 5 at base pay/40 hours. I am out 10 weeks+ pay and lost the overtime as well. More than $5k is what this illegal action cost me.

Would you just sit back and accept this? I don't think so.

So, I decide to fight back. They screwed me and cost me money out of malice. So I figure I will expose these illegal activities to the world, which I did here on ROR, and elsewhere.

Then, I figured I would cost them some money to as they did me. I them filed OSHA, EPA, EEOC, USDOL, etc. Multiple complaints, all factual.

They have now spent millions due to incompetence and arrogance.

Here is the real kicker! They could not accomodate me for the 1 hour twice per week outside my normal shift, keeping in mind that I am in a legally protected category, and the union contract specifically allows for it.

BUT, they COULD accomodate Kahreem Williams 1-2 hours every Wed. to go to his FELONY probation officer. Why, you ask? He is married to HR Director Jenny Williams! Kahreem Williams is a registered sexual predator who offended against a child under the age of 12. He is currently on felony probation until 2009! Under current PepsiCo policy, he should have never been rehired. They brought him back due to who he was married to, AND gave him back all seniority too!

Does anyone else here see favoritism and discrimination?

Therefore, i can make a fully justified, and factual statement.

Tropicana prefers REGISTERED SEXUAL OFFENDERS and CONVICTED FELONS over disabled persons and Veterans!

Tropicana will bend over backwards to to accomodate a baby raper or other felon, but will not even think about accomodating a DISABLED VETERAN!

Does anyone else see a problem here???

Teamsters Local 173 is taking this case all the way. Robert Tuttle is now setting this for Arbitration. The Union Lawyer is now preparing the case.

I WILL WIN. Regardless of how long it takes, or what expenditures need to be made. I will go the distance and I will prevail. Guaranteed.

The game they play is they try to starve you out and figure you will just go away.
NOT ME! I don't go away. EVER!!

READ ALL OF THE OTHER THREADS before making uneducated, and uninformed assumptions and comments.

Steven,

I guess the first thing you need to do is learn how to read, as i don't know where you got some of your assumptions. These events were more than 1.5 years apart, and are ongoing. Even though you appear to be a Tropicana Mgmt shill, I will still address your issues.

We took it to JAC / San Antonio, TX. and it deadlocked [ which proves they had absolutely no case, or I would have lost at this point]. Now it goes to arbitration in the next few months. They did not have a case in San Antonio. They were hoping I would not have showed up, and that would have been it. What they don't realize is that I am going the distance on this however long it takes. I was 100% right, and they were 100% wrong. Now they know that, but cannot admit it. Javier flipped through a 6" thick notebook for a full 5 minutes when the chairman asked him exactly why I was terminated! Don't you think that if it was something important enough to fire me over that it would be right on top? Wouldn't that make sense?

By the way, my personnel folder was clean up until this point. I never had 1 unexused absence or work performance issue, and never had any problem with anyone. HR was the only problem.

Where did you get the idea that said anything about "physical stress is getting to me". I never said that to anyone, and that was never the problem. Learn how to read.

FYI..Any employee can file whistleblower. If a person is fired because of complaints made, that employee is eligible to file a whistleblower complaint. Once again, learn how to read [the law].

They were fully aware of all safety situations. For the past 40+ years they have used intimidation, etc against any employee who tried to "fix" something. They feel they are above the law. This is well documented. All of these items had been identified on numerous occasions, but incompetence and arrogance are a bad combination, and is exactly why this matter went this far.

Guess what? All of my complaints that according to Tropicana Mgmt were "unfounded" have been fixed! They scrapped almost all of those flatbeds and just bought 5 brand new ones. ALL of the propane tanks have been totally reworked. All of the forklifts have been replaced. Etc. Etc. Etc.

I have proof of several instances of false testimony to official investigations and falsified documents. I have the lies well documented and look forward to getting this into a courtroom. I WILL WIN.

I was still working when the OSHA complaints were made. I was suspended the day after they showed up.

And, I NEVER direspected any member of management directly. I never told anyone to "kiss my butt" etc. I simply identified incompetence where I saw it.

The union rep doesn't have to sign off on anything for me to be fired. They can fire me either way. FYI.. My business agent was out of town at the time. The PRESIDENT, Wendell Butler signed the notice of termination!

I am curious as to where on Tropicana you work, and who put you up to this. You are arrogant and ignorant just like the bunch I dealt with.

Javier is so incompetent, he stated under official recorded testimony that the union contract and company policy took precedence over the ADA! He also stated that Kahreem Williams was on FMLA when he was going to his probation officer! Well even if that was true, he would have been in violation of fraudulently using FMLA. Kahreem was only back on the job a month but he had FMLA? Sorry, it takes 1 yr continuous service and 1250 hours which he did not have! I have this documented as well. Another lie and act of fraud by Tropicana HR! ON TAPE!!

I could go on and on, but you simply are not worth my time.

>>>


>>>Steven - Jacksonville wrote>>
So when did you get your job back
Can't see anything where you got your job back. One minute your claiming they ripped you off for back pay for taking off for medical appointments or some other such things. You say your were hired in one department after paying out of your own pocket for a second opinion. Then you work at the job for what 3 or 4 months saying the physical stress is getting to you because of your disability (that you previously stated they knew about but gave you a chance anyway).

How's the whistleblower thing going??? Did you read the part that says you still had to be working for the company to claim this.

Don't get me completely wrong. I applaud your efforts to maintain a safe work place. Just saying you went about it wrong. You should have noted your conversations with the various folks to ensure they were aware of the situation. After doing this a few times you go ahead to OSHA by saying they ignored your info. Were you still employed then or had they fired you because of your rants here??? If you were still employed there you can then say that you were fired for being a whistleblower otherwise I am sure they have the proper documentation to show that you were fired for misconduct and that your complaints are a result of your firing. Don't feel to bad this is they way the DOL and OSHA find out about most problems but those folks can't come back and claim whistleblower status.

What about your email rants??? You know the ones you didn't share with the folks here.

It's not to bright to taunt your employers in such forums as this. Sure you have the first right amendment to free speech but you don't walk up to your employer and say kiss my butt (cleaned up for reading here) and not expect some kind of action from them. Yeah you have the right to say it but nothing says they can't say well since you hate it here that much you are no longer employed here and you can go elsewhere. Your union reps obviously felt the same way otherwise they wouldn't have signed off on your firing.

TTFN

Steven
Jacksonville, Florida
U.S.A.
>>>>

Can't see anything where you got your job back. One minute your claiming they ripped you off for back pay for taking off for medical appointments or some other such things. You say your were hired in one department after paying out of your own pocket for a second opinion. Then you work at the job for what 3 or 4 months saying the physical stress is getting to you because of your disability (that you previously stated they knew about but gave you a chance anyway).

How's the whistleblower thing going??? Did you read the part that says you still had to be working for the company to claim this.

Don't get me completely wrong. I applaud your efforts to maintain a safe work place. Just saying you went about it wrong. You should have noted your conversations with the various folks to ensure they were aware of the situation. After doing this a few times you go ahead to OSHA by saying they ignored your info. Were you still employed then or had they fired you because of your rants here??? If you were still employed there you can then say that you were fired for being a whistleblower otherwise I am sure they have the proper documentation to show that you were fired for misconduct and that your complaints are a result of your firing. Don't feel to bad this is they way the DOL and OSHA find out about most problems but those folks can't come back and claim whistleblower status.

What about your email rants??? You know the ones you didn't share with the folks here.

It's not to bright to taunt your employers in such forums as this. Sure you have the first right amendment to free speech but you don't walk up to your employer and say kiss my butt (cleaned up for reading here) and not expect some kind of action from them. Yeah you have the right to say it but nothing says they can't say well since you hate it here that much you are no longer employed here and you can go elsewhere. Your union reps obviously felt the same way otherwise they wouldn't have signed off on your firing.

TTFN

I got a phone call last week from the Tampa Field Office of OSHA.

This investigator confirmed that:

1: NO peice of equipment my be used beyond the manufacturers specifications. This includes the loading and unloading of trailers.

2: The GVWR is NOT how much can be loaded on a trailer. However, this is what the geniuses in management at Tropicana thought it was, including 2 of the plant safety reps! Plant safety manager for Tropicana isNate Snyder and, he and I had this conversation, but he decided to leave the trailers in service and kept loading them in this unsafe manner, in the name of production.

3: I will post the official determination here as soon as I get it.

My claim of total incompetence in management at Tropicana is hereby validated.

This is not a complex issue at all. It never should have turned in to one.

I worked at Tropicana[Orange Juice, etc.] in Bradenton FL until I was retaliated against for making unsafe conditions known, and identifying retaliation and unethical behavior on the part of the HR dept.
I identified a KNOWN unsafe condition being the overloading of flatbed trailers to be used onsite for interplant transfer of product. These are VERY old trailers, with some being 17 years old, and are the 45'long by 96" wide variety. They are in very bad shape such as rusted out and broken and poorly maintained. They have a MFG's GROSS VEHICLE WEIGHT RATING of 70,000 pounds. This means that the trailer, the cargo, the truck, driver, fuel, etc. CANNOT exceed 70,000 under optimum conditions.

However, Tropicana Management, even after my complaint is instructing AND training workers to load 66,000 pounds of product on these trailers! This load is made up usually of 20-22 crates of product weighing an average of 3,000 pounds per box.

The management believes that the "GVW" rating is how much they can load on the trailer! I have given them all of the facts regarding GVW ratings, but they simply ignore it.

As a response to my identification of this and other unsafe conditions and unethical behavior by management, I was written 5 reprimands at once by HR Manager Javier Feliciano, and suspended. Then, while HOME on suspension, I get another reprimand in the mail and a letter of termination!

Parker,

I have no idea where you get your information, but I'll educate you some here. First, I never had problems in any branch of military. I served more than 10 years on active duty in 2 different branches, BOTH with honorable discharges. I went back into the military after being out for 11 years. The first time I got out was due to Clinton's drawdowns and cutbacks. No problems there. I got out the second time from the Army due to a severe injury. I wanted to stay, but I was not deployable with my injuries. FYI..I have a re-entry code on my most current DD-214.

As far as the trucking companies went, It is common for them to try to force you to run illegally or with unsafe equipment. I simply refuse to do that. That's a no brainer that even someone with your limited intelect should be able to grasp. As far as the cab co went, I helped start and build that company, then once it was making big bucks, the owner backed out of his deal with me. And, I have all of this in writing.

And, yes, I dumped all of my creditors over 5 years ago. I was way over my head in debt due to 911. And even though I had a spotless credit history and a 735 credit score, there would have been no way to pay them off when my income went from well over $1000 a week, sometimes 1200-1500 per week, to about $400 a week. It is simply impossible. However, I do have letters that I wrote trying to work it out before I dumped them.

And, as far as my current job, where did you get the idea that I cannot perform the job requirements? Did I ever say that? NO. I can, and do, perform every aspect of my job as good or better than anyone else. And, yes, they did break the law, TWICE. And it is documented. READ the facts again!

I am not interested in any handout either. I work hard. I simply want the existing policies and procedures to work equally for everyone.

Medical appointments are NOT excused absences at Tropicana. They have a very tight attendance policy. So, genius, if you needed medical care, in my position, how would you have gotten it? FYI.. I scheduled my medical appt's outside of my normal business hours, the only thing affected was forced overtime.

And for John. I can take anything you can dish out, guaranteed. Why don't you show up at the gate at Tropicana and wait for me at 3pm. I can guarantee you will only run your big mouth once. I drive a biege Saab 900s and exit the 17th ave gate.


>>
Parker wrote:
steve
it seems you have trouble with every employer you have ever had steve, from trucking companies to cab dispatch and from the air force to your less than commendable attempt to join the Army. Due to your large amounts of posts on here regarding terminations and collection agencies how do you expect anyone to entertain the idea of validity to your complaint? Discrimination is not present here. You CANNOT perfrom the job requirements, so why should the rules be adjusted specifically for you? I guarentee there are others at Tropicana with didabilities, nut they work through them, because they ar interested in a PAYCHECK and not a HANDOUT. The world owes you nothing steve, and niether does Tropicana.

Do not expect a response from Steve, he can dish it out, just can't take it.

J

At this point our business agent is just spread to thin to provide aggressive representation, especially on something like a reprimand. Those become a very low priority, especially if it's just one.

I do have a grievance filed on it since April, but it has not been presented.

Our union is a little on the weak side right now and the language in our contract sucks. I'm hoping for alot of participation by the membership on this next contract.

I am hoping for some real growth in our union after this next election, so we can get a second business agent to lighten the load on Bob Tuttle, if he should get re-elected.

Bob is a good guy, but can only do so much. A union is only as strong as its members. Bob is just our voice.

That's why I have to fight most of my own battles, and then bring them to Bob once the groundwork is laid. This usually works best.

At this point our business agent is just spread to thin to provide aggressive representation, especially on something like a reprimand. Those become a very low priority, especially if it's just one.

I do have a grievance filed on it since April, but it has not been presented.

Our union is a little on the weak side right now and the language in our contract sucks. I'm hoping for alot of participation by the membership on this next contract.

I am hoping for some real growth in our union after this next election, so we can get a second business agent to lighten the load on Bob Tuttle, if he should get re-elected.

Bob is a good guy, but can only do so much. A union is only as strong as its members. Bob is just our voice.

That's why I have to fight most of my own battles, and then bring them to Bob once the groundwork is laid. This usually works best.

At this point our business agent is just spread to thin to provide aggressive representation, especially on something like a reprimand. Those become a very low priority, especially if it's just one.

I do have a grievance filed on it since April, but it has not been presented.

Our union is a little on the weak side right now and the language in our contract sucks. I'm hoping for alot of participation by the membership on this next contract.

I am hoping for some real growth in our union after this next election, so we can get a second business agent to lighten the load on Bob Tuttle, if he should get re-elected.

Bob is a good guy, but can only do so much. A union is only as strong as its members. Bob is just our voice.

That's why I have to fight most of my own battles, and then bring them to Bob once the groundwork is laid. This usually works best.

At this point our business agent is just spread to thin to provide aggressive representation, especially on something like a reprimand. Those become a very low priority, especially if it's just one.

I do have a grievance filed on it since April, but it has not been presented.

Our union is a little on the weak side right now and the language in our contract sucks. I'm hoping for alot of participation by the membership on this next contract.

I am hoping for some real growth in our union after this next election, so we can get a second business agent to lighten the load on Bob Tuttle, if he should get re-elected.

Bob is a good guy, but can only do so much. A union is only as strong as its members. Bob is just our voice.

That's why I have to fight most of my own battles, and then bring them to Bob once the groundwork is laid. This usually works best.

I seem to remember that you have union reps there and in another report you praise them for support.

Couldn't the UNION Safety Rep get something done about these conditions?

Couldn't your UNION committeperson/shop steward get the reprimmand pulled?

When I was working for a major auto parts supplier here, we had a UNION Safety rep as well as committeemen who I'm sure would not let such a reprimmand stand.

Further, at our plant such matters would come up at the weekly "shop meeting" with management, and cases such as this were normally (not always) resolved in a reasonably short period of time.

Of course, when something such as this didn't get resolved, our union would then begin the motions for what I call a "hard grievance" and start formal grievance procedures.

it seems you have trouble with every employer you have ever had steve, from trucking companies to cab dispatch and from the air force to your less than commendable attempt to join the Army. Due to your large amounts of posts on here regarding terminations and collection agencies how do you expect anyone to entertain the idea of validity to your complaint? Discrimination is not present here. You CANNOT perfrom the job requirements, so why should the rules be adjusted specifically for you? I guarentee there are others at Tropicana with didabilities, nut they work through them, because they ar interested in a PAYCHECK and not a HANDOUT. The world owes you nothing steve, and niether does Tropicana.