Exception as to Category Two Grievances Sample Clauses
Exception as to Category Two Grievances. If the AAUP-AFT does not timely invoke Step Two in accordance with Section E.1. above, and the AAUP-AFT and/or the grievant(s) commence a court proceeding pertaining to the grievance within 45 working days of the last date upon which the AAUP-AFT could have timely invoked Step Two, the defenses of exhaustion of remedies or exclusivity of the grievance procedure will not be available to the University in such court proceeding. Nothing contained herein shall be construed or implied as a recognition by the University that the AAUP-AFT and/or grievant has any enforceable right against the University with respect to any misinterpretation, misapplication, or violation of University policy, agreement, administrative decision, or Regulation.
Exception as to Category Two Grievances. If the Association does not timely invoke Step Two in accordance with Section E.1. above, and the Association and/or the grievant(s) commence a court proceeding pertaining to the grievance within 45 working days of the last date upon which the Association could have timely invoked Step Two, the defenses of exhaustion of remedies or exclusivity of the grievance procedure will not be available to the University in such court proceeding. Nothing contained herein shall be construed or implied as a recognition by the University that the Association and/or grievant has any enforceable right against the University with respect to any misinterpretation, misapplication, or violation of University policy, or agreement.