Common use of Election of Remedies Clause in Contracts

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 12 contracts

Samples: Agreement, Agreement, Agreement

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Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's ’s preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 6 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 5 contracts

Samples: Term of Agreement, Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's ’s preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure Grievance Procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure Grievance Procedure provided for in this contract. If an employee elects to use the grievance procedure Grievance Procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure Grievance Procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 5 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited. In the event that an Unfair Labor Practice (ULP) is filed by the Union and MERC determines it does not have jurisdiction and remands the matter back for arbitration, the above prohibition shall not apply.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union UNION and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, and subsequently elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under in this contractAgreement, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contractAgreement. If an employee elects to use the grievance procedure provided for in this contract Agreement and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief previously granted shall be forfeited.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, which by operation of law the employee is entitled to, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 2 contracts

Samples: Agreement, www.baycounty-mi.gov

Election of Remedies. Section 30.1 Election of Remedies When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such such, as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contractAgreement, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contractAgreement. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, Agreement and subsequently elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 2 contracts

Samples: Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union Association and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 2 contracts

Samples: Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contractAgreement, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contractAgreement. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, Agreement and subsequently elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 2 contracts

Samples: Agreement, Agreement

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Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, subsequently elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contractAgreement, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contractAgreement. If an employee elects to use the grievance procedure provided for in this contract Agreement and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief previously granted shall be forfeited.

Appears in 2 contracts

Samples: Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, court proceedings, a veteran's ’s preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure Grievance Procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure Grievance Procedure provided for in this contract. If an employee elects to use the grievance procedure Grievance Procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure Grievance Procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 1 contract

Samples: Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of or Labor hearing, in addition to the grievance procedure provided under this contractAgreement, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contractAgreement. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, Agreement and subsequently elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.. 37·

Appears in 1 contract

Samples: Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited. The above does not apply to unfair labor practice charges.

Appears in 1 contract

Samples: www.newaygocountymi.gov

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's ' s preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union Organization and the affected employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee elects to use the grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 1 contract

Samples: www.baycounty-mi.gov

Election of Remedies. When To the extent available under the law, when remedies are available for any complaint and/or grievance of an employee through any administrative or statutory scheme or procedure, such as, but not limited to, a veteran's ’s preference hearing, civil rights hearing, or Department of Labor hearing, in addition to the grievance procedure Grievance Procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union and the affected employee shall not process the complaint through any grievance procedure Grievance Procedure provided for in this contract. If an employee elects to use the grievance procedure Grievance Procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to be have been withdrawn and the grievance procedure Grievance Procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 1 contract

Samples: Agreement

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