Common use of Election of Remedies and Waivers Clause in Contracts

Election of Remedies and Waivers. 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 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 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Election of Remedies and Waivers. 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 immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another form 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 3 contracts

Samples: www.afscme65.org, www.afscme65.org, bold.k12.mn.us

Election of Remedies and Waivers. 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 form as outlined hereinforum, 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: Master Agreement, Master Agreement

Election of Remedies and Waivers. 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 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 2 contracts

Samples: Master Agreement, Master Agreement

Election of Remedies and Waivers. 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 ArticleSection. Upon instituting a proceeding in another form forum as outlined herein, the employee teacher shall waive his/her right to initiate a grievance pursuant to this Article orSection, 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.arbitrator.‌‌‌‌‌

Appears in 1 contract

Samples: irle.berkeley.edu

Election of Remedies and Waivers. 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 ArticleSection. Upon instituting a proceeding in another form forum as outlined herein, the employee teacher shall waive his/her their right to initiate a grievance pursuant to this Article orSection, 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.. DURATION

Appears in 1 contract

Samples: www.dcue.org

Election of Remedies and Waivers. 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 ArticleSection. Upon instituting a proceeding in another form forum as outlined herein, the employee teacher shall waive his/her right to initiate a grievance pursuant to this Article orSection, 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: dcue.org

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Election of Remedies and Waivers. 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 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.immediately

Appears in 1 contract

Samples: Master Agreement

Election of Remedies and Waivers. 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 ArticleSection. Upon instituting a proceeding in another form forum as outlined herein, the employee CFA shall waive his/her right to initiate a grievance pursuant to this Article orSection, 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: Agreement

Election of Remedies and Waivers. 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 ArticleSection. Upon instituting a proceeding in another form forum as outlined herein, the employee teacher shall waive his/her their right to initiate a grievance pursuant to this Article orSection, 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: resources.finalsite.net

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