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STATE OF MICHIGAN COURT OF APPEALS

BRENDA MERKEL and LINCOLN EDUCATION ASSOCIATES ORGANIZATION, MEA/NEA, Plaintiffs/Cross-DefendantsAppellants, v LINCOLN CONSOLIDATED SCHOOLS and LINCOLN CONSOLIDATED SCHOOLS BOARD OF EDUCATION, Defendants/Cross-PlaintiffsAppellees.

UNPUBLISHED October 19, 2010

No. 292795 Washtenaw Circuit Court LC No. 09-000183-CL

Before: SAWYER, P.J., and FITZGERALD and SAAD, JJ. PER CURIAM. Plaintiffs/Counter-Defendants Brenda Merkel and Lincoln Education Associates Organization, MEA/NEA, appeal as of right the order denying their motion for summary disposition, dismissing with prejudice their "Complaint to Vacate Arbitration Award," granting defendants' motion for summary disposition, and enforcing the arbitration award in favor of defendants. This action stems from the trial court's review of an arbitrator's order in a grievance brought pursuant to the parties' collective bargaining agreement. (CBA). We affirm. Defendant Lincoln Consolidated School District and plaintiff Lincoln Education Associates Organization (LEAO) were parties to a collective bargaining agreement. Plaintiff Brenda Merkel was an employee of the district, and LEAO was her bargaining agent. On October 5, 2007, plaintiffs filed a grievance with the school district pursuant to Article VII of the agreement, asserting that Merkel was entitled to additional health benefits under the agreement. The grievance procedure in Article VII (B) contains 5 steps. Step 5 states: If the LEAO is not satisfied with the disposition of the grievance at Step 4, or if no disposition has been made within the period provided here, the grievance shall be submitted to arbitration within fifteen (15) working days.

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The district's disposition of the matter at Step 4 resulted in a denial of Merkel's grievance on October 9, 2007. Plaintiffs filed their demand for arbitration pursuant to Step 5 on November 2, 2007

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Michigan Law