Common use of Election of Remedies and Waiver Clause in Contracts

Election of Remedies and Waiver. A party instituting any action, 42 proceeding or complaint in a federal or state court of law, or before an administrative 43 tribunal, federal agency, state agency, or seeking relief through any statutory process for 44 which relief may be granted, the subject matter of which may constitute a grievance under 45 this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance 46 under this Article. Upon instituting a proceeding in another forum as outlined herein, the 1 employee shall waive the right to initiate a grievance pursuant to this Article or, if the 2 grievance is pending in the grievance procedure, the right to pursue it further shall be 3 immediately waived. This Section shall not apply to actions to compel arbitration as 4 provided in the Agreement or to enforce the award of an arbitrator. 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

Election of Remedies and Waiver. A party instituting any action, 42 30 proceeding or complaint in a federal or state court of law, or before an administrative 43 31 tribunal, federal agency, state agency, or seeking relief through any statutory process for 44 32 which relief may be granted, the subject matter of which may constitute a grievance under 45 33 this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance 46 34 under this Article. Upon instituting a proceeding in another forum as outlined herein, the 1 35 employee shall waive the right to initiate a grievance pursuant to this Article or, if the 2 36 grievance is pending in the grievance procedure, the right to pursue it further shall be 3 37 immediately waived. This Section shall not apply to actions to compel arbitration as 4 38 provided in the Agreement or to enforce the award of an arbitrator. 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4646 47 48 49 2