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, 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elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 10 contracts

Samples: Labor 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, 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 the 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elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited. The withdrawal of a grievance resulting from the application of this section shall not act as precedent to any future grievances. This section shall not be applicable to worker’s compensation proceedings or complaints filed with the Equal Employment Opportunity Commission.

Appears in 5 contracts

Samples: Agreement, Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee Employee through any administrative or statutory scheme or procedure, in addition to the grievance procedure provided under this contract, and the employee Employee elects to utilize the statutory or administrative remedy, the Union Lodge and the affected employee Employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited. Notwithstanding the above, no individual Employee can waive the right of another Employee.

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, 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 the 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited. The withdrawal of a grievance resulting from the application of this section shall not act as precedent to any future grievances.

Appears in 2 contracts

Samples: Agreement, Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee Employee through any administrative or statutory scheme or procedure, in addition to the grievance procedure provided under this contract, and the employee Employee elects to utilize the statutory or administrative remedy, the Union POAM and the affected employee Employee shall not process the complaint through any grievance procedure provided for in this contract. If an employee 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited. Notwithstanding the above, no individual Employee can waive the right of another Employee.

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, 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 Procedures provided for in this contract. If an any 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 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 2 contracts

Samples: Article 1 Agreement, Article 1 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, 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 Procedures provided for in this contract. If an any employee elects to use the grievance procedure Grievance Procedure provided for in this contract and, subsequently, elects to utilize the statutory scheme or administrative remedies, then the grievance shall be deemed to 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: Labor 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, 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited. This clause shall not apply to any litigation in which the County is Plaintiff.

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, 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 1 contract

Samples: Article 1 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, 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 utilize the grievance procedure provided for in this contract and, and subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to have been withdrawn and the 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 schemes or procedure, 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited. This clause shall not apply to any litigation in which the County is Plaintiff.

Appears in 1 contract

Samples: Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an any employee through any administrative or statutory scheme or procedure, 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 have been withdrawn and the 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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Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any an administrative or statutory scheme or procedure, of a veteran's preference 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 have been withdrawn and the 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, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the statutory or administrative remedy, the Union Lodge 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.. Notwithstanding the above, no individual employee can waive the right of another employee. "

Appears in 1 contract

Samples: Agreement

Election of Remedies. When remedies are available for any complaint and/or grievance of an any employee through any administrative or statutory scheme or procedure, 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 any 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 1 contract

Samples: archive.lib.msu.edu

Election of Remedies. When remedies are available for any complaint and/or grievance of an employee through any administrative administrative, judicial or statutory scheme or procedure, in addition to the grievance procedure provided under this contract, and the employee elects to utilize the judicial, 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 judicial, statutory or administrative remedies, then the grievance shall be deemed to have been withdrawn and the 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, 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 have been 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 is filed by the Union and MERC determines it does not have jurisdiction and remands the matter back to arbitration, the above prohibition shall not apply.

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, 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 any 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 have been withdrawn and the grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 1 contract

Samples: And Priority Health 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, 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 union and the affected employee shall not process the complaint through any grievance procedure Grievance procedures provided for in this contract. If an any employee elects to use the grievance Grievance procedure provided for in this contract and, subsequently, elects to utilize the statutory or administrative remedies, then the grievance shall be deemed to have been withdrawn and the grievance Grievance procedure provided for hereunder shall not be applicable and any relief granted shall be forfeited.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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