Arbitration of Discrimination Complaints Sample Clauses

Arbitration of Discrimination Complaints. If the Union elects to pursue a claim of unlawful discrimination under any federal state or local statute through arbitration under Article 5, the griev- ant may elect to adjudicate the matter through Article 5’s grievance and arbitration procedure as the final, binding, sole and exclusive remedy for such violations, and employee(s) who so elect to arbitrate their claims of discrimination shall not file suit or seek relief in any other forum. As a con- dition to arbitrating these claims, the grievant(s) shall agree to execute a waiver, in a form provided by the Employer, of the right to initiate, advance, litigate or prosecute the same issue in any other judicial or administrative proceeding. In the event the release is not executed or is deemed invalid, the arbitrator will have no authority to grant relief to the grievant(s). All claims raising violation of anti-discrimination laws by the Union on its own behalf under the collective bargaining agreement or any federal, state or local statute shall be adjudicated solely in this Agreement’s grievance and arbitration procedure and the determination in that forum shall be the final, binding, sole and exclusive remedy for such violations for the Union. The arbitrators hearing any statutory discrimination claim under this pro- vision shall apply applicable law as it would be applied by the appropriate court in rendering decisions on discrimination claims.
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Arbitration of Discrimination Complaints. If the Union elects to pursue a claim of unlawful discrimination or disparate treatment under any federal state or local statute through arbitration under Article 5 on behalf of an individual employee grievant, the grievant may elect to adjudicate the matter through Article 5’s grievance and arbitration procedure as the final, binding, sole, and exclusive remedy for such violations, and employee(s) who so elect to arbitrate their claims of discrimination shall not file suit or seek relief in any other forum. As a condition to arbitrating these claims, the grievant(s) shall agree to execute a waiver, in a form provided by the Employer, of the right to initiate, advance, litigate, or prosecute the same issue in any other judicial or administrative proceeding. In the event the release is not executed or is deemed invalid, the arbitrator will have no authority to grant relief to the grievant(s). Notwithstanding the waiver, nothing in this Article shall be construed to prohibit the employee from: (1) filing a charge not seeking personal remedies with the Equal Employment Opportunity Commission or (2) filing any charge or claim not waivable by law. All claims raising a violation of anti-discrimination laws by the Union on its own behalf under the collective bargaining agreement or any federal, state or local statute shall be adjudicated solely in this Agreement’s grievance and arbitration procedure and the determination in that forum shall be the final, binding, sole and exclusive remedy for such violations for the Union. The arbitrators hearing any statutory discrimination claim under this provision shall apply applicable law as it would be applied by the appropriate court in rendering decisions on discrimination claims.
Sample 1

Related to Arbitration of Discrimination Complaints

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties related to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

  • GRIEVANCE AND ARBITRATION Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.

  • Grievance Arbitration Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • GRIEVANCE ARBITRATION PROCEDURE The grievance-arbitration procedure set forth in Sections 16.32 through 16.38 shall be applicable only to disputes arising under Division C of this article.

  • Harassment & Discrimination The local parties will determine the appropriate means of promoting an effective and meaningful way of addressing discrimination and harassment issues, which may include, but is not limited to the following: • Reviewing the hospital’s harassment policy and making joint recommendations to the Chief Nursing Officer; • Promoting a harassment free workplace where there is ‘zero tolerance’; • Ensuring that all employees are familiar with the employer’s harassment policy by identifying educational opportunities, including the orientation period for new employees; • Identifying supports and solutions to assist employees to deal with harassment and discrimination issues (i.e. Employee assistance Programs, staff supports); • Development of processes to address the accommodations/ modified work needs for nurses; • Development of assertiveness training programs.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Mediation of Disputes In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.

  • Prohibition of Discrimination In accordance with applicable equal opportunity statutes, Executive Orders, and regulations:

  • GRIEVANCES AND ARBITRATION Section 1. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application or alleged violation of a specific provision of this Agreement. Addendum B, attached hereto, shall be utilized to resolve grievances.

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