The Butler County probation officers’ union has appealed an arbitration award over its current contract.

The Butler County Probation Officers Association on Friday filed the appeal in county court, alleging the award is contrary to law and unenforceable.

County solicitor Mike English said the appeal will be fought in court.

County Commissioner Bill McCarrier, board chairman, was displeased by the appeal.

“I’m disappointed they would do that because it was settled by arbitration,” McCarrier said.

Butler attorney Leo Stepanian Sr., who is representing the union, said the issues can’t be settled by arbitration.

“The arbitrator had no authority,” Stepanian said.

He said along with state guidelines, union contract language and county policy lay that authority elsewhere.

The arbitration appeal asks for the following two provisions of the award to be repealed: ending automatic promotion for probation officers after 12 years of service and confirming the county’s authority to set the number of probation officer II posts.

The 35 probation officers, who are represented by a stand-alone union, initially agreed to a two-year contract covering 2013 and 2014 with the exception of three issues to be decided through arbitration.

What wasn’t contested is an automatic 3 percent pay hike for both years.

Under the arbitration, the union wanted to continue the practice of an extra pay hike being given to officers after they served 12 years, provided one of the six posts was vacant.

The county wanted that step to no longer be automatic.

With the arbitration award in effect, the county president judge selects officers for promotion when there would be a vacancy.

Duties of both probation officer posts are the same.

Of the total six probation officer II posts, two will eventually be eliminated through attrition.

“Two were previously redlined,” English said.

The automatic job title switch carried an extra 2 percent pay hike, making the total longevity pay increase 9 percent in the 12th year.

That 9 percent does not include contractually mandated increases to workers’ base salaries.

For the post of probation officer I, the base salary is $46,284. For probation officer II, the number is $53,022.

English said the probation officers were the only county workers receiving an extra 2 percent longevity raise.

“The county was just trying to get them in line with other employees,” he said.

Only employees hired after July 1, 2009, won’t receive the extra 2 percent. Officers hired before that date retain the additional pay hike.

Stepanian said only the county salary board can alter the pay for a post.

“The arbitrator can’t change the pay scale,” he said. “It isn’t even before the salary board.”

The union argued the move from probation officer I to probation officer II is a promotion.

English disagreed, saying there is no difference in job descriptions with probation officer I and II.

“It’s a de facto longevity step,” he said.

The appeal states the court, not the executive branch of county government, has the authority to set the number of probation officer posts.

English countered by saying the county is not overstepping its bounds by setting the number of posts.

“The judge can fill them,” he said.

What is not being appealed is the denial of an on-call rate hike from $500 a week to $650 a week and allowing on-call juvenile probation officers to take a county vehicle home.

Adult probation officers are permitted to do so.

The arbitration award was rendered July 18 in a 2 to 1 decision by a board comprised of three attorneys.

Impartial arbitrator Thomas Hewitt and county arbitrator Mike Hnath were in the majority. Probation officers arbitrator Armand Cingolani dissented.