Common use of Arbitration of Discrimination Complaints Clause in Contracts

Arbitration of Discrimination Complaints. If the Union elects to pursue a claim of unlawful discrimination under any federal state or local statute through arbitration under Article 5, the griev- ant may elect to adjudicate the matter through Article 5’s grievance and arbitration procedure as the final, binding, sole and exclusive remedy for such violations, and employee(s) who so elect to arbitrate their claims of discrimination shall not file suit or seek relief in any other forum. As a con- dition to arbitrating these claims, the grievant(s) shall agree to execute a waiver, in a form provided by the Employer, of the right to initiate, advance, litigate or prosecute the same issue in any other judicial or administrative proceeding. In the event the release is not executed or is deemed invalid, the arbitrator will have no authority to grant relief to the grievant(s). All claims raising violation of anti-discrimination laws by the Union on its own behalf under the collective bargaining agreement or any federal, state or local statute shall be adjudicated solely in this Agreement’s grievance and arbitration procedure and the determination in that forum shall be the final, binding, sole and exclusive remedy for such violations for the Union. The arbitrators hearing any statutory discrimination claim under this pro- vision shall apply applicable law as it would be applied by the appropriate court in rendering decisions on discrimination claims.

Arbitration of Discrimination Complaints. If the Union elects to pursue a claim of unlawful discrimination under any federal state or local statute through arbitration under Article 5, the griev- ant grievant may elect to adjudicate the matter through Article 5’s grievance and arbitration procedure as the final, binding, sole and exclusive remedy for such violations, and employee(s) who so elect to arbitrate their claims of discrimination shall not file suit or seek relief in any other forum. As a con- dition condition to arbitrating these claims, the grievant(s) shall agree to execute a waiver, in a form provided by the Employer, of the right to initiate, advance, litigate or prosecute the same issue in any other judicial or administrative proceeding. In the event the release is not executed or is deemed invalid, the arbitrator will have no authority to grant relief to the grievant(s). All claims raising violation of anti-discrimination laws by the Union on its own behalf under the collective bargaining agreement or any federal, state or local statute shall be adjudicated solely in this Agreement’s grievance and arbitration procedure and the determination in that forum shall be the final, binding, sole and exclusive remedy for such violations for the Union. The arbitrators hearing any statutory discrimination claim under this pro- vision provision shall apply applicable law as it would be applied by the appropriate court in rendering decisions on discrimination claims.