Michigan Association of Fire Fighters

MAFF wins lawsuit filed over failure to arbitrate

Macomb Township officials were ordered to arbitrate three grievances filed by MAFF on behalf of two Macomb Township Fire Fighters in a Circuit Court ruling June 13. The decision was in response to a lawsuit filed by the Employer after MAFF filed a motion for summary disposition in an effort to compel the Employer to arbitrate the matters.

"Judge (Jennifer M.) Faunce ordered Macomb Township to participate in arbitration of three grievances," said MAFF attorney M. Catherine Farrell. "The Employer refused to arbitrate and brought a lawsuit to stop the arbitrations."

On Sept. 5, 2013, MAFF filed grievances and pursuant to the collective bargaining agreement (CBA) took the grievances through the grievance procedure. The Employer alleged that the Union had not fully complied with Step Three by refusing to meet with the Township Board of Trustees. The language was ambiguous as to whether the Union was required to "meet" with the Township Board of Trustees. Judge Faunce agreed with MAFF that the issue of procedural arbitrability is for the arbitrator to decide, not the Court.

The Judge stated "... the CBA grants an arbitrator the authority to decide whether a misrepresentation or misapplication of a specific article has occurred, and the instant dispute centers on whether one of the parties has misinterpreted or misapplied the requirements under Step Three. This matter must therefore be decided by an arbitrator, rather than the Court."