Common use of ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES AND WAIVER Clause in Contracts

ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES AND WAIVER. 1. Nothing herein shall be construed to prevent either party from seeking redress through such administrative or judicial remedies provided under state or federal law for the purposes of enforcing the provisions of this Agreement except as provided below. 2. In the event that a teacher is disciplined, reprimanded, reduced in compensation, suspended, non-renewed, whose contract is terminated as defined in Sections 20-4-204 or 20-4-206 MCA, dismissed as defined in Section 20-4-207 MCA, laid off or recalled as defined in Article 8(K); or other District action is taken within the meaning of Article 6(C), or Article 4(A), the teacher and his/her representative, the Association, together and as one, shall have the right to pursue either statutory or contractual grievance procedure rights and remedies, but not both. In the event that the teacher and the Association, or either one alone, formally initiate any judicial or administrative procedure against the Board, based upon statutory law or otherwise, it is expressly agreed by the teacher and the Association that contractual grievance procedures contained in Article 5 are forever waived, shall not apply, and shall have no force or effect. In the event that the contractual grievance procedure is initiated, the signed grievance shall contain an acknowledgment that all statutory procedures, rights, and remedies are expressly waived.