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 Article. Upon instituting a proceeding in another forum as outlined in this Agreement, the employee shall waive 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: Master 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 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, waives any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined in this Agreementforum, the employee shall waive the teacher waives any 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 will be immediately waived. This section shall does 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, 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 β€Œ 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 in this Agreement, the employee shall waive 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.isd2144.org

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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 in this Agreement, the employee shall waive 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 1 contract

Samples: Master Agreement

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