Choice of Remedy. An employee with a contract related grievance must select either the appropriate non-bargaining procedure or the grievance procedure provided by this contract. In no instances will an employee be permitted to seek a remedy under both provisions for the same grievance.
Choice of Remedy. If as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Service or Veteran's Preference. If appealed to any procedure other than Step 4, the grievance is not subject to the arbitration procedure as provided in Step 4. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article 7 or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4.
Choice of Remedy. A Trooper who has been charged and is subject to suspension, demotion and discharge shall have five (5) calendar days after being served with said charges to elect in writing either the contract grievance procedure or the 299D.03 statutory appeals procedure, but in no event may he/she use both procedures.
Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and, if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Section D or a procedure such as Veterans Preference or Human Rights. If appealed to any procedure other than Step 4 of Section D, the grievance is not subject to the arbitration procedure as provided in Step 4 of Section D. The aggrieved employee and the Union shall indicate in writing which procedure is to be utilized — Step 4 of Section D or another appeal procedure — and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee and the Union from making a subsequent appeal through Step 4 of Section D.
Choice of Remedy. If, as a result of the Employer's response in Step 4, the grievance remains unresolved, and if the grievance involved the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article 9 or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 5 of Article 9, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article 9. The Union shall indicate in writing which procedure is to be utilized--Step 5 of Article 9 or another appeal procedure. The choice of any other hearing precludes the Union and the employee from making a subsequent appeal through Step 5 of Article IX.
Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved Employee shall indicate in writing which procedure is to be utilized, Step 4 of Article 7 or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 7. Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an Employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. If Equal Employment Opportunity Commission v. Board of Governors is overruled, this paragraph will be null and void and shall be deleted.
Choice of Remedy. If, as a result of the EMPLOYER response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an EMPLOYEE who has completed the required probationary period, the grievance may be appealed to Step 3 of this ARTICLE or a procedure such as Veteran's Preference or other employment laws. If appealed to any procedure other than Step 3 of this ARTICLE, the grievance is not subject to the arbitration procedure as provided in Step 4. The aggrieved EMPLOYEE shall indicate in writing which procedure to utilized Step 4 of this ARTICLE or another appeal procedure and shall sign a statement that the choice of any other procedure precludes the aggrieved EMPLOYEE from making a subsequent appeal through Step 4 of this ARTICLE.
Choice of Remedy. If, as a result of the written Employers response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appea1ed either to Step 3, or a procedure such as: Civil Service, Veterans Preference or Human Rights. If appealed to any procedure other than Step 3, the grievance is not subject to the arbitration procedure as provided in Step 3. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 3, or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3. An employee pursuing a remedy pursuant to a statute under the jurisdiction of the United States Equal Employment Opportunity Commission is not precluded from also pursuing an appeal under the grievance procedure of this Agreement. If a court of competent jurisdiction rules contrary to the ru1ing in EEOC vs. Board of Governors of State Colleges and Universities, 957 F.2d 424 (7th Cir.), cert. denied, 000 X.X. 000, 113 S. Ct. 299 (1992), or if Board of Governors is judicially or legislatively overruled, this paragraph of Section 7.7 shall be immediately null and void and shall be deleted from this Agreement.
Choice of Remedy. If as a result of the written Employer response or lack of timely response in Step 3, the grievance remains unresolved, a grievance, the resolution of which is also within the jurisdiction of an appeals board of appeals procedure such as Veteran's Preference, Fair Employment or the St. Cloud Civil Service system, may be appealed either to Step 4 of Section 20.4 or the alternative grievance procedure. The aggrieved employee shall indicate in writing which procedure shall be utilized and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Section 20.4. Election of remedy shall be made by use of the grievance form attached hereto as Exhibit 3.
Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the probationary period, the grievance may be appealed to either Step 4 or Article XX, the Grievance Procedure, or a procedure such as: Merit System, Veteran's Preference or Human Rights. If appealed to any other procedure other than Step 4 of Article XX, the grievance is not subject to arbitration procedure as provided in Step 4 of Article XX. The aggrieved employee shall indicate in writing which procedure is to be utilized - Step 4 of Article XX, or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article XX.
