Election of Remedy Clause Samples
The Election of Remedy clause defines a party's right to choose among multiple available legal or contractual remedies when a breach or dispute arises. In practice, this means that if one party is wronged, they may select whether to pursue damages, specific performance, or another remedy, but once a choice is made, they may be prevented from seeking alternative remedies for the same issue. This clause ensures clarity and finality in dispute resolution by preventing parties from pursuing multiple or inconsistent remedies for a single breach.
Election of Remedy. The parties acknowledge that the facts and circumstances which form the basis of a grievance may also form the basis of claims which may be asserted by an individual employee in other forums. The purpose of this section is to establish limitations on the right of the Union to pursue a grievance in such situations.
Election of Remedy. An employee shall have the option of utilizing the unfair labor practice procedures as provided in Chapter 447, Florida Statutes, or this grievance procedure, but such employee is precluded from using more than one procedure to address the same or similar complaints and issues.
Election of Remedy. An employee shall have the option of utilizing the redress procedures as provided in Chapter 447, Florida Statutes, or this grievance procedure, but the employee is precluded from using more than one procedure to address the same or similar complaints and issues.
Election of Remedy. Any employee, other than a provisional employee, receiving notification of non-renewal of contract, discharge or adverse effect may elect to have the matter heard either by a hearing officer under statutory proceedings or an arbitrator in accordance with the grievance procedure. If arbitration is selected, the matter shall be commenced at the arbitration level.
Election of Remedy. Any employee receiving notification of nonrenewal of contract, discharge, or adverse effect may elect to have the matter heard either by a hearing officer in accordance with RCW 28A.405.310 or RCW 28A.405.380 or an arbitrator in accordance with the grievance procedure contained herein, provided that when an employee elects arbitration, the Association agrees to move toward arbitration in a timely manner.
Election of Remedy. If an employee/former employee pursues an appeal under M.S. 197.46(or other applicable Veterans Preference law), the employee/former employee shall be precluded from making an appeal under this Article.
Election of Remedy. Once the grievant has filed any complaint, appeal or other action with any county, state or federal agency, court, tribunal or other forum involving the same facts or circumstances all rights to file or pursue a grievance under this Article shall be forever waived.
Election of Remedy. After a grievance has been submitted to arbitration, the grievant and the Association waive any right to pursue against the District an action or complaint that seeks the same remedy. If the grievant or the Association files a complaint or other action against the District, arbitration seeking the same remedy may not be filed or pursued.
Election of Remedy. In the event a member of the bargaining unit initiates an appeal under the District’s Rules and Regulations, reproduced for reference in Appendix B , or Article 5.04.F, such remedy shall be exclusive and the member shall be barred from invoking any remedy under this grievance procedure.
Election of Remedy. Employees covered by Civil Service systems created under Chapter 43a, 44, 375, 387, 419, or 420, by a Home Rule Charter under Chapter 410, or by laws 1941, Chapter 423, may pursue a grievance through the procedure established under this section. When a grievance is also within the jurisdiction of appeals boards or appeals procedures created by Chapter 43a, 44, 375, 387, 419, or 420, by a Home Rule Charter under 410, or by laws 1941, Chapter 423, the employee may proceed through the grievance procedure or the Civil Service appeals procedure, but once a written grievance or appeal has been properly filed or submitted by the employee or on the employee’s behalf with the employee’s consent, the employee may not proceed in the alternative manner. Nothing in this contract shall prevent an employee from pursuing both a grievance under this contract and a charge of discrimination brought under Title VII, The Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Equal Pay Act.