Common use of Constraints Clause in Contracts

Constraints. Any investigation or other handling or processing of any Grievances by the Grievant or the Union shall be conducted so as to result in no interference with or interruption whatsoever of the instructional program and related work activities of the Grievant or of the District's employees. Failure of a Grievant or the Union to act on any Grievance within the prescribed time limits will act as a bar to any further appeal and an administrator's failure to give a decision within the time limits shall permit the Grievant to proceed to the next step. Time limits may be extended by mutual agreement. If the Union or any Staff Member files any claim, charge, cause of action or complaint in any forum other than under the Grievance Procedure of this Agreement, the District shall not be required to participate, process or arbitrate or further participate, process or arbitrate a Grievance hereunder based on the same set of facts. This provision constitutes an express waiver by the Union and all Staff Members represented by the Union of their rights to file, process and arbitrate any Grievance which is based on the same set of facts which form the basis of any claim, charge, cause of action or complaint which has been filed in any other forum.

Appears in 7 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

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