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Butler County appeals arbitration ruling

The county has appealed a Common Pleas Court decision upholding an arbitrator’s ruling that gave a union employee a maintenance job the county claims he is not qualified for.

The county filed an appeal July 16 in Commonwealth Court challenging the June 19 decision from senior Judge Oliver Lobaugh denying the county’s petition to vacate the arbitration award in favor of employee Jeffrey Sweeney, who is being represented by the Service Employees International Union, Local 668.

“This nonsense has been going on for over two years,” Sweeney said. “Why waste taxpayers’ money on this nonsense.”

The county’s April 2024 petition to vacate the arbitration award argues that Sweeney started working for the county as a maintenance repairman at the prison in July 2009. He was suspended in February 2019 for issues including taking excessive breaks and bringing in contraband, including tobacco and needles, according to the petition.

In February 2021, an arbitrator denied the union’s grievance for taking longer than allowed breaks, but upheld the grievance for violating the prison contraband policy.

The county terminated Sweeney following the third time he brought contraband, consisting of a cellphone and herbal chew into the prison, according to the petition.

In May 2021, the county settled a federal discrimination suit Sweeney filed and a grievance the union filed over the termination by returning Sweeney to his job and paying him $25,000. The county assigned him to work as a custodial worker at buildings other than the prison.

In May 2023, the county posted a job for a maintenance repairman in the noncustodial division of the bargaining unit. Job requirements included having a universal refrigerant certificate.

A carpentry employee in the noncustodial division, who had been working for the county since July 2012 and had the refrigerant certification, was hired for the job. Sweeney also bid on the job and the union filed a grievance on his behalf in June 2023.

The county said the ESCO Institute certification Sweeney provided was for working with refrigerant and air conditioning equipment in vehicles — not the air conditioning system in county buildings. The ESCO Institute listed his universal certification status as incomplete, according to the petition.

Sweeney also gave the county a universal certification card dated Oct. 15, 1993, from the Air Conditioning Contractors of America and Ferris State University, the petition said.

The county could not confirm a current certification through ESCO and the phone number on the card for Ferris State University was not in service, according to the petition. Illinois-based ESCO establishes industry standards and offers training.

Sweeney, 62, said he felt hurt by the accusation about bringing needles into the prison because he is a diabetic and takes insulin.

“I kept it locked (in the) office in the prison,” Sweeney said.

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