Common use of Multiple Remedies Clause in Contracts

Multiple Remedies. In the event the Association on its behalf commences an action in a state or federal court or administrative agency alleging a violation of any right, which right is protected directly or indirectly under any term of this Agreement, then such filing shall act as a bar to the filing of or the further processing of a grievance already filed under the terms of this Agreement. This bar shall continue for the duration of the judicial or administrative proceedings unless the court or agency orders the party to exhaust the grievance procedure. Should the Association receive recovery from such a collateral proceeding, it is prohibited from recovering again from the Board through the grievance procedure. While the parties acknowledge and agree that decisional law permits the parties to agree to provide for multiple remedies of employment related matters, the parties expressly agree that a multiplicity of remedies to the Association for alleged violation of such rights would not be permissible by utilizing the grievance procedures provided herein.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

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