dme court

A judge is considering arguments made Friday in the county’s petition to vacate an arbitration award that gave a union employee a maintenance job the county claims he is not qualified for.

The county filed a petition last April after an arbitrator ruled in favor of a grievance filed by Service Employees International Union, Local 668 and awarded the job to Jeffrey Sweeney, arguing that he lacked a federally required certification to handle refrigerants.

He was awarded the job in 2023 after the county hired a different employee who had the certification. Both employees are members of Local 668.

The court should use the “essence test” when considering the case, said Christopher Gabriel, the attorney representing the county.

He said the essence test rule allows judges to overturn an arbitrator’s decision if it is not based on a labor contract. In this case, he said the arbitrator awarded Sweeney a position he did not prove he was licensed to perform.

Sweeney handled refrigerant in the past, but didn’t produce a certification through the grievance or arbitration processes, Gabriel said. The county and the arbitrator looked, but could not confirm, Sweeney had the certification, but the arbitrator awarded him the job, he said.

Gabriel then argued that the court can overturn an arbitration decision if it doesn’t conform to public policy, and awarding the job to Sweeney is counter to an Environmental Protection Agency law requiring people handling refrigerant to be certified.

Contract language covering seniority gives preference to employees with seniority if they are qualified, and Sweeney has the certification, said attorney Mallory Kennedy, who is representing the union.

She argued that Sweeney produced an old, but current certification card, and he is allowed to buy refrigerant.

Senior Judge Oliver Lobaugh said he will advise the parties when he issues a decision.

According to the county petition, 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.

An arbitration hearing was held for two union grievances. In February 2021, an arbitrator denied the grievance for taking longer than allowed breaks, but upheld the grievance for violating the prison contraband policy, according to the petition.

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 other locations to stop him from bringing contraband into the prison, according to the petition.

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, bid for and 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 that require universal certification, according to the petition. 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 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 heating, ventilation, air conditioning and refrigerant industry standards, and offers training, according to its website.