Common use of Election of Remedies and Waiver Clause in Contracts

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 17 contracts

Samples: Agreement, Agreement, Agreement

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Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 13 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee employee(s) shall waive his/her right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 11 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 10 contracts

Samples: Drivers Agreement, Paraprofessional Agreement, Paraprofessional Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided for in this Agreement or to enforce the award of an arbitrator.

Appears in 9 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting institute a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 9 contracts

Samples: resources.finalsite.net, resources.finalsite.net, resources.finalsite.net

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting initiating a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 7 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article orarticle, or if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 6 contracts

Samples: Service Employees, Service Employees, Service Employees

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 5 contracts

Samples: Agreement, www.monticello.k12.mn.us, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this ArticleArticle 19. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article Section 19, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.Section

Appears in 5 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive waiver his/her right to initiate a grievance pursuant to this Article orArticle, or if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 5 contracts

Samples: resources.finalsite.net, Master Agreement, Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined hereinin this Agreement, the employee employee(s) shall waive his/her the right to initiate a grievance pursuant to this Article article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 5 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint complaint, in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreementagreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/his or her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 4 contracts

Samples: Labor Agreement, Labor Agreement, www.isd622.org

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting issuing a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee party shall waive his/her the right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, www.npaschools.org

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive his/her their right to initiate a grievance pursuant to this Article orArticle, or if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined hereinin this Agreement, the employee principal shall waive his/her the right to initiate a grievance pursuant to this Article article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this th is Article. Upon instituting initiating a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waivedfurther. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Office Employees, Office Employees, Office Employees

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this ArticleARTICLE 19. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article Section 19, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.Section

Appears in 3 contracts

Samples: resources.finalsite.net, www.slpschools.org, www.slpschools.org

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive hisher/her his right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined hereinin this Agreement, the employee teacher(s) shall waive his/her the right to initiate a grievance pursuant to this Article article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: www.marshall.k12.mn.us, www.marshall.k12.mn.us, www.marshall.k12.mn.us

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Master Contract Agreement, Master Contract Agreement, Master Contract Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, tribunal federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided for in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: resources.finalsite.net, resources.finalsite.net, www.isd15.org

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitratorarbitrator or to restrict a teacher’s or the District’s legal rights at the conclusion of the grievance procedure.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal Federal or state State court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive his/her right rights to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Mounds View Nutrition Services, Mounds View Nutrition Services, www.moundsviewschools.org

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Master Labor Agreement, Master Labor Agreement, Master Labor Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined hereinin this Agreement, the employee teacher(s) shall waive his/her the right to initiate a grievance pursuant to this Article article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Lshea Master Agreement, Lshea Master Agreement, Lshea Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an any administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee teacher shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending pending, in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined herein, the employee Association shall waive his/her the right to initiate a grievance pursuant to this Article article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Principal Contract, Principal Contract

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an out of district administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined hereinforum, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Master Contract Agreement, Master Contract Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an any administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee teacher shall waive his/her the right to initiate a grievance pursuant to this Article article or, if the grievance is pending pending, in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Between Agreement, Between Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue pursuer a grievance under this Article. Upon instituting issuing a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Labor Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator. In addition, this section shall not apply to any situation in which its application constitutes unlawful retaliation or reprisal.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreementagreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if article. If the grievance is pending in the a grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration arbitration, as provided in this Agreement agreement, or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article orArticle, or if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Master Agreement, Letter of Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in writing in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator. Further, this section shall not be construed to preclude an employee from pursuing a remedy otherwise provided by federal or state law.

Appears in 2 contracts

Samples: Severance for Employees, www.flaschools.org

Election of Remedies and Waiver. A party grievant instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the service employee shall waive his/her right to initiate a grievance pursuant to this Article orArticle, or if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, resources.finalsite.net

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal Federal or state State court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the this grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum procedure as outlined hereinhere, the employee teacher shall waive his/her the right to initiate a grievance pursuant to this Article or, if the a grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall will immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall will waive hisher/her his right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right rights to pursue it further shall will be immediately waived. This section shall will not apply to actions to compel arbitration as provided in this Agreement agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, herein the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal Federal or state State court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the this grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement Agreement, or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 2 contracts

Samples: Master Contract Agreement, Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this ArticleArticle 16. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive hisher/her his right to initiate a grievance pursuant to this Article Section 16.5, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.Section

Appears in 1 contract

Samples: Memorandum of Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator. This section shall not interfere with the Veteran’s Preference Act.

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee teacher shall waive his/her the right to initiate a grievance pursuant to this Article orArticle, or if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting initiating a proceeding in another forum as outlined herein, the employee shall waive his/her he r right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.. ARTICLE21

Appears in 1 contract

Samples: Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this AgreementContract, shall will immediately thereupon waive any and all rights to pursue a grievance under this ArticleSection 12. Upon instituting a proceeding in another forum as outlined herein, the employee shall teacher will waive his/her right to initiate a grievance pursuant to this Article Section 12, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall will be immediately waived. This section shall Section 12.2.8 will not apply to actions to compel arbitration as provided in this Agreement Contract or to enforce the award of an arbitratorArbitrator.

Appears in 1 contract

Samples: www.bloomington.k12.mn.us

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator. In addition, this section shall not apply to any situation in which its application constitutes unlawful retaliation or reprisal.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined herein, the employee grievant(s) shall waive his/her her/its right to initiate a grievance pursuant to this Article article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator. .

Appears in 1 contract

Samples: www.flaschools.org

Election of Remedies and Waiver. A party grievant instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined herein, the employee teacher shall waive his/her right to initiate a grievance pursuant to this Article orarticle, or if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this ArticleARTICLE 19. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article Section 19, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section 19.7 shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: resources.finalsite.net

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a state or federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee Coordinator shall waive his/her their right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: www.marshall.k12.mn.us

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint complaint, in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreementagreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/his or her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.arbitrator.‌

Appears in 1 contract

Samples: Labor Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee teacher shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce matters before the award of an arbitratorEEOC.

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.. ARTICLE XIII‌

Appears in 1 contract

Samples: www.isd15.org

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreementagreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall will immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding proceedings in another forum as outlined hereinforum, the employee shall will waive his/her any right to initiate a grievance or receive an arbitration decision pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waivedor receive a decision. This section shall will not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Custodial and Maintenance Workers Collective Bargaining Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon Principals Association Contract 2019-2021 waive any and all rights to pursue a grievance under this ArticleArticle 16. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive hisher/her his right to initiate a grievance pursuant to this Article Section 16.5, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.Section

Appears in 1 contract

Samples: Memorandum of Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, law or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Articlearticle. Upon instituting a proceeding in another forum as outlined hereinin this Agreement, the employee teacher shall waive his/her the right to initiate a grievance pursuant to this Article article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum form as outlined herein, the employee shall waive his/her their right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions action to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreementagreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this the Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her the right to initiate a grievance pursuant to this Article or, if the grievance is pending in the this grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her their right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator. In addition, this section shall not apply to any situation in which its application constitutes unlawful retaliation or reprisal.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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