Election of Forum Sample Clauses

Election of Forum. An employee electing to pursue a matter through the Civil Service System may not also pursue to arbitration a grievance through the grievance procedure. Any complaint that a matter constitutes a violation of Article 7 of this Agreement may not be pursued to grievance arbitration if the matter has been challenged in any other administrative or judicial forum.

Election of Forum. (1) Within 10 business days after receipt of notice from the retail forex customer that the customer intends to submit a claim to arbitration, the national bank must provide the customer with a list of per- sons qualified in dispute resolution. (2) The customer must, within 45 days after receipt of such list, notify the national bank of the person se- lected. The customer’s failure to pro- vide such notice must give the national bank the right to select a person from the list.

Election of Forum. The commencing of legal proceedings against the Employer or any managerial employee of the Employer or any member of the Board of Trustees in a court of law or equity, or before the Florida Public Employees Relations Commission, or any other administrative agency, by a bargaining unit member or the Union for alleged violation or violations of the express terms of this Agreement shall be deemed a waiver by said bargaining unit member(s), or the Union of the ability to resort to the grievance and arbitration procedure contained herein for resolutions of the alleged violation or violations of the express terms of this Agreement.

Election of Forum. A Sergeant electing to pursue a matter through the Civil Service System may not also pursue to arbitration a grievance through the grievance procedure. Any complaint that a matter constitutes a violation of Article 7 of this Agreement may not be pursued to grievance arbitration if the matter has been challenged in any other administrative or judicial forum.

Election of Forum a. Filing a grievance constitutes an election of forum. If the grievance forum is selected, then generally a complaint may not be filed on the same issue/same theory in the forums identified in 6.b below. Conversely, a complaint filed in one of the forums in 6.b below will bar a grievance over the same issue/same theory. b. For those matters that are grievable, this procedure shall be the exclusive procedure for the parties and employees. However, nothing in this section shall prevent employees from electing instead to exercise their statutory rights to: (1) File a formal Equal Employment Opportunity complaint. (2) Appeal adverse actions (5 USC 7512) or actions for unacceptable performance (5 USC 4303) to the MSPB. (3) File an unfair labor practice charge with the Federal Labor Relations Authority. (4) File complaints for corrective action from the Office of Special Counsel. c. If an agency listed above determines that they have jurisdiction to hear an appeal or complaint of an employee who filed a grievance in writing on the same issue, the grievance will be cancelled. d. Nothing in this article shall prevent an employee from filing a complaint with Office of Special Counsel.

Election of Forum. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Agreement, then, while such claim is pending or after it has been adjudicated, the Board shall not be required to process the same or a substantially equivalent claim through this grievance procedure.

Election of Forum. If a Faculty Member files any claim or complaint in any forum other than under this Article, then, while the complaint is pending or if it has been adjudicated, the Board shall not be required to process the same or a substantially equivalent claim through the procedures of this Article.

Election of Forum a. If a grievance is submitted to arbitration, such submission shall constitute an election of forum by the grievant and by the Association and constitutes a waiver and a bar to any and all rights the grievant or the Association has or may have to submit the subject matter of the grievance for resolution of review to any judicial or other administrative forum. b. If a unit member or the Association submits an issue to any judicial or administrative forum for resolution and review of an issue which might also constitute an alleged violation of the Agreement, then both the unit member and the Association waive their right to submit said issue to arbitration.

Election of Forum. 1. Any dispute that may arise in connection with the interpretation, application or non- compliance with the provisions of this Agreement between the Parties, as well as its Additional Protocols and related instruments, shall be subject to this Dispute Settlement Procedure. 2. Any dispute regarding matters arising under this Agreement that are also regulated in the agreements concluded at the World Trade Organization (hereinafter referred to as “the WTO”) may be settled in accordance with this Annex or with the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO (hereinafter referred to as the “DSU”). 3. The parties to the dispute shall reach an agreement on a forum after the expiry of the period for consultations established in Chapter II of this Annex. If no agreement is reached on the forum, the complaining party shall select the forum for dispute settlement. 4. When selecting the forum, the complaining party or parties shall endeavour to resolve all disputes in the context of the Dispute Settlement Procedure provided in this Annex. 5. Once a dispute settlement procedure has been initiated under this Agreement or under the DSU, the selection of the forum shall be final and a party to the dispute may not refer the same subject matter of the dispute to the other forum. 6. For this purpose, a dispute settlement procedure shall be considered initiated under the WTO whenever the complaining party requests consultations under Article 4 of the DSU. Likewise, a dispute settlement procedure shall be considered initiated under the Agreement whenever a meeting of the Joint Administrative Committee has been requested under Article 6.1 of this Annex. 7. Notwithstanding the foregoing provisions, disputes that may arise in connection with Chapter VIII of this Agreement as well as Article 1 of Annex IV of this Agreement shall exclusively be submitted to the DSU.

Election of Forum. (1) Within 10 business days after (1) Arises out of the transaction or occurrence that is the subject of the retail forex customer’s claim or grievance; and (2) Does not require for adjudication the presence of essential witnesses, parties, or third persons over which the settlement process lacks jurisdiction.