Choice of Procedure. 1. When signing, ratifying or acceding to this Protocol or at any time thereafter, a Party shall be free to choose, by means of a written declaration, one or more of the following means for the settlement of disputes concerning the interpretation or application of the Protocol:
Choice of Procedure. If as a result of the written employer response in Step 2 or 3, the grievance remains unresolved, the grievance may be appealed either to Step 4 of Section 19.2.2, or to any other statutory procedure which is available and applicable to the dispute. If appealed to any procedure other than Step 4 of Section 19.2.2, the grievance shall not, thereafter, be subject to the arbitration procedure provided in Section 19.2.2, if the grievance: • only alleges a breach of the law, or • alleges discrimination as prohibited by Section 2 on the part of both the union and the employer, except with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure, or • seeks reformation of the Agreement, or • claims inconsistency between this Agreement and a court or administrative order, • alleges employer breach of the Agreement which is also the subject of a class action under some other available procedure being utilized by the grievant and others. If there is a dispute as to whether a grievance has been appealed to another procedure and is within the foregoing subsections, the arbitrator shall make determination of such issue; and if determined the dispute has been appealed to another procedure and is outside the foregoing subsections, the arbitrator shall decide the grievance on the merits, subject to appropriate review by any court having jurisdiction.
Choice of Procedure. At the choice of the Type Approval Authority the tests shall be performed according to either procedure A described in paragraph 10.5.5. or procedure B described in paragraph 10.5.6. below.
Choice of Procedure. 1. Where a dispute has been referred to the SAARC Arbitration Council in accordance with Article 2(2), the parties to the dispute shall proceed expeditiously to an exchange of views regarding the method of dispute settlement to be administered by the SAARC Arbitration Council.
