Common use of Choice of Remedy Clause in Contracts

Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved Employee shall indicate in writing which procedure is to be utilized, Step 4 of Article 7 or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 7. Except that 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. If Equal Employment Opportunity Commission v. Board of Governors is overruled, this paragraph will be null and void and shall be deleted.

Choice of Remedy. If, as a result of the written Employer employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 XII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7XII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7XII. The aggrieved Employee employee shall indicate in writing which procedure is to be utilized, Step 4 of Article 7 XII or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee employee from making a subsequent appeal through Step 4 of Article 7XII. Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an Employee employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. If Equal Employment Opportunity Commission v. Board of Governors is overruled, this paragraph will be null and void and shall be deleted.