'Transit': Preventable
Bus Driver Faces Firing for Fatality

By GINGER ADAMS OTIS

A Bus Operator who accidentally struck and killed an elderly man two months ago while driving his regular route is headed into arbitration hearings in an effort to keep his job.

The Chief-Leader/Ginger Adams Otis JOB ON THE LINE: Bus Operator Roberto Chico, who accidentally killed an elderly pedestrian in September, is facing firing by New York City Transit even though police determined that he had not been driving recklessly.

New York City Transit has accused Roberto Chico of causing a "major preventable accident" and is pressing for his dismissal.

No Police Charges

Mr. Chico, who's been a Bus Operator for nearly four years, was involved in a fatal traffic accident Sept. 21. The Sunset Park resident, who works at the Jackie Gleason Bus Depot in his neighborhood, was cleared of all wrongdoing by the police officers who responded to the scene.

Officers found no evidence that Mr. Chico had violated any driving laws or disobeyed traffic signals. They declined to press charges against him.

But Deirdre Parker, a spokeswoman for New York City Transit, said that "after an internal investigation, we felt it was a major preventable accident."

She added that Mr. Chico "will have arbitration and get his day in court."

Two weeks after the accident, Mr. Chico got a letter at his house from NYC Transit informing him that he'd been placed on suspension pending a dismissal hearing.

Took Emotional Toll

The letter told him that he had to turn over his NYC Transit badge and his security pass to officials at the Jackie Gleason Depot.

At the time, Mr. Chico was out on Workers' Compensation leave. He said the accident caused him great emotional distress.

"It's the last thing I ever expected to happen," he said, referring to the fatality. When he got the letter, Mr. Chico said, he became even more distraught.

"I need to provide for my family," he said. "I feel very bad about what happened, but I also need to go back to work. My family needs to eat."

J.P. Patafio, an organizer for Transport Workers' Union Local 100 and its chairman of the Jackie Gleason Bus Depot, noted that a clause in the union's contract prohibited NYC Transit from firing employees over accidents without first conducting its own investigation and holding a hearing.

"Here we have a loyal Bus Operator who for 3-1/2 years has maintained a good, clean record," said Mr. Patafio. "He's so traumatized by this accident that he has to take a break from work. Does anyone from management call him and say, 'Hey Roberto, how are you doing?' Do they reach out to him at all? No. They send him a letter telling him he's going to be fired."

Mr. Patafio alleged that NYC Transit was attempting to cut ties with Mr. Chico in anticipation of a lawsuit that will probably be filed by the deceased's family.

He said the agency's decision that Mr. Chico's accident could have been prevented was "absolutely consistent with its standard comments about accidents. It's all about avoiding lawsuits."

A union shop steward succeeded in getting NYC Transit to rescind its letter of suspension and dismissal notice. But the agency told him it's still planning to pursue the dismissal through arbitration.