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County engineer wins in local suits

WARREN — The Trumbull County Engineer has prevailed in three employee disputes that went to court, according to an arbitrator or the State Employment Relations Board.

The state board dismissed an unfair labor charge filed on behalf of Jason Loomis and an arbitrator upheld the termination of Lee Stauffer from Randy Smith’s office, according to news releases from the engineer’s office.

The 11th District Court of Appeals in Warren upheld with a 2-1 ruling a February decision by Trumbull County Common Pleas Court Judge W. Wyatt McKay that employee Robert Gatti owed the office $10,315 in health care premiums, a ruling his attorney David Engler said they will take to the Ohio Supreme Court.

Engler argues, with the support of a dissenting opinion from appeals court Judge Diane V. Grendell, that the dispute between Gatti and the engineer’s office should have been reviewed by SERB, not a common pleas court judge. Appeals court judges Cynthia Wescott Rice and Timothy P. Cannon agreed with McKay’s ruling.

Because the dispute centers on the terms of Gatti’s employment governed by a public collective bargaining agreement, SERB has “exclusive jurisdiction of the claims,” Grendell wrote.

Because the jurisdiction is in dispute, and because the case could be significant to public unions statewide, Engler said the case has a good chance of being picked up by the Ohio Supreme Court.

“It is hard to get a case before the Supreme Court, but I feel good about our chances. Collective bargaining disputes are supposed to be decided by SERB, but the lower courts are arguing there is an exception, but other appeals courts have upheld the idea it should stay with the state board. Because of that split, I believe we have a good chance of taking it to the Ohio Supreme Court,” Engler said.

The engineer’s office is also attempting to recover about $6,000 in attorney fees from Gatti for what they say was a “frivolous” lawsuit filed by Gatti seeking damages of $75,000 in a Trumbull County Common Pleas Court countersuit. The counterclaim was dismissed in 2016. A hearing on the attorney fees is scheduled for Jan. 18.

Attempts Wednesday to reach Loomis, Stauffer and the state representative for the American Federation of State, County and Municipal Employees were unsuccessful.

Stauffer was dismissed in April 2016 from his position after his supervisor reported he made a threatening statement, according to the engineer’s office.

Stauffer has been at the center of union criticism that focused on Smith and his manner of dealing with engineer employees. The dispute led to pickets outside of the engineer’s office that year and followed a 2014 civil lawsuit Stauffer filed against his boss, seeking Smith’s removal from office for unlawful interest in a public contract.

The suit, which was dismissed by trial court and that decision affirmed by the 11th District Court of Appeals, alleged that Smith inappropriately hired a business partner.

A review of Stauffer’s personnel file showed seven other disciplinary matters dating to May 14, 2012.

Loomis was president of AFSCME Local 11 when he charged the office unfairly punished him with a 30-day suspension. The office reported he received the discipline after he failed to return to work on date he was released by his doctor and had previous discipline issues, an argument the state board found was “persuasive,” according to a SERB case document.

Loomis argued the suspension amounted to retaliation and discrimination against Loomis.

SERB found the union did not “provide sufficient information or documentation to support the allegation.” The charge was dismissed with prejudice for “lack of probable cause to believe the statute has been violated,” according to SERB.

Gatti was involved in an accident while working for the engineer’s office Oct. 20, 2008, and sustained injuries. As a result of this accident, the lawsuit stated, Gatti was absent from his county job from Oct. 20, 2008, to Feb. 14, 2011. During this time, Gatti was being compensated by either sick leave, vacation time or workers’ compensation.

Loomis and Gatti are still employed by the engineer’s office.

According to the lawsuit, the collective bargaining agreement with AFSCME provides that employees who are injured in the performance of their duties and receive workers’ compensation benefits shall have their hospitalization continued for up to 365 days from the last date of service, with the employer picking up 100 percent of the cost for the first six months; paying 80 percent the seventh month; 60 percent the eighth month; 40 percent the ninth month and 20 percent for months 10 through 12. After that, the employee would have to pick up 100 percent of the premium.

rfox@tribtoday.com

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