Partnership Agreement Dispute Resolution Process Clause Samples

Partnership Agreement Dispute Resolution Process. ‌ 9.1 Subject Matter of Partnership Agreement Disputes A Partnership Agreement dispute shall mean any dispute concerning the interpretation, application or enforcement of any provision of the Agreement and shall be resolved through the Partnership Agreement Dispute Resolution Process set forth in this Article. However, pursuant to the Rules, a dispute regarding actions that require a mandatory hearing of the State Personnel Board -- specifically disciplinary actions against Employees or any other action taken by a State Entity that adversely affects an Employee’s base pay, status, or tenure -- may only be appealed to the State Personnel Board. Any Employee who wants to dispute a decision that is subject to the State Personnel Board’s discretionary review process may choose whether to pursue review by the State Personnel Board, or, if the dispute alleges a violation of the Agreement, to resolve the dispute as a Partnership Agreement Dispute under this Article. This includes any dispute alleging the following (and that does not concern an action that adversely affects the Employee’s base pay, status, or tenure as set forth above): A. The employment action appears to violate the Whistleblower Act; B. The employment action appears to violate the Colorado Anti-Discrimination Act (“CADA”); C. The grievance decision as outlined in Chapter 8 of the Rules appears to violate an Employee’s rights under the federal or state constitution; or D. The grievance decision as outlined in Chapter 8 of the Rules appears to violate the Employee’s rights under the State Personnel Board’s grievance Rules or the State Entity’s grievance procedures. When an Employee elects to file a dispute in accordance with this Article, rather than appealing a grievance decision or appeal under Chapter 8 of the Rules, the Employee will be required to sign a written acknowledgement that they are waiving the right to pursue an appeal through the Board or Director. The waiver form to be used by the Parties is appended to this Agreement as Appendix A. Nothing in this Agreement amends or alters any deadlines to appeal a grievance decision to the State Personnel Board or Director. Regardless of which avenue the Employee chooses to pursue a dispute/grievance, they may elect union representation by ▇▇▇▇▇▇. The provision of such representation on behalf of said Employee shall be at the sole discretion of ▇▇▇▇▇▇. In the event a court of competent jurisdiction determines or has determined that an Employee ...